MALKHAN SINGH v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME)LUCKNOW
BAIL/7697/2025 · 2025-03-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26559 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43053
Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7697 of 2025 Applicant :- Malkhan Singh Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant Malkhan Singh with a prayer to release him on bail in Case Crime No.225 of 2024, under Sections 162, 194, 211, 120-B, 420, 465, 466, 468, 471 I.P.C., P.S. Mansoorpur, District Muzaffarnagar during pendency of the trial.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is informant who lodged FIR against in-laws of his son/deceased alleging that named accused person has murdered the applicant's son. As per as Fatima Hospital Report, deceased has died on 17.05.2024 and cause of death is Cardiopulmonary arrest. As per as post mortem examination report, cause of death is due to organ failure. Applicant is father of deceased. He has been falsely implicated in the present case having no concern with the alleged incident. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 06.02.2025 and in case he is enlarged on bail he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Malkhan Singh, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad