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2025 DAILYLAW 37913 (ALL)

BALJEET SINGH @ AJAY SINGH v. STATE OF U.P.

BAIL/11961/2025 · 2025-05-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93980 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11961 of 2025 Applicant :- Baljeet Singh @ Ajay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Durga Singh,Vikram Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Status report filed today by learned AGA is taken on record. 2. Heard Sri Durga Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 08 of 2023, under Sections 419, 420, 467, 468, 471, 506 of IPC, Police Station - Dubaharan, District - Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The instant FIR is a counterblast to Suit No. 98 of 2020 filed by the applicant against the informant. The case of civil in nature has been converted into criminal case by the informant. 5. Learned counsel has also stated that the said Suit No. 98 of 2020 was settled between the parties on 15.05.2023 and even the criminal matter was settled but the applicant was arrested in the instant case. The applicant is wanted in one another case in which his bail is pending before this Court. The instant case is triable by magistrate. The applicant is languishing in jail since 14.03.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the instant case is triable by Magistrate coupled by the fact that the said Suit No. 98 of 2020 was settled between the parties on 15.05.2023, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Baljeet Singh @ Ajay Singh, who is involved in aforementioned 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad