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2025 DAILYLAW 25360 (ALL)

JOGA SINGH v. State of UP

BAIL/6555/2024 · 2025-02-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23422 Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6555 of 2024 Applicant :- Joga Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dhaka,Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.71 of 2022, under Section 420, 419, 467, 468, 471, 120-B IPC, Police Station- Ramraj, District- Muzaffar Nagar, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant has been falsely implicated in the present case, he was not named in the FIR and his name was surfaced during investigation. Learned counsel for applicant submitted that applicant is jeth of the informant, co-accused Smt. urmila @ Gona has already been released on bail vide order of this court dated 29.1.2024. Applicant is having no criminal history and is a law abiding, he is languishing in jail since 27.09.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has vehemently opposed the prayer for bail on the ground that the applicant is one of the team member who facilitated to perform collusive sale deed without having any power to sale the property pertains to Smt. Devendra Kaur Siddhu and the matter came into knowledge of original vendor, the same has been culminated in shape of present case. 5. A specific query has been made before learned AGA that whether the name of applicant has been shown in the documentary evidences in shape of sale deed, record of rights, record of possession or power of attorney, on fine scrutiny, learned AGA confirmed that there is hardly any name of applicant has been mentioned. 6. After hearing rival submissions extended by learned counsel for both parties, it is crystal clear that the specific allegation as mentioned in the FIR, does not corroborate the incident. In sofar as the co-accused Smt. Urmila @ Gona has already been granted bail and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Joga Singh involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 18.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad