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Neutral Citation No. - 2025:AHC:85920 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12606 of 2025 Applicant :- Mahendra Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Sharma,Maohammd Nadeem Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 330 of 2024, under Sections 147, 420, 467, 468, 471, 427 IPC, Police Station Talgram, District Kannauj during the pendency of trial.
2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. As per the prosecution story, the allegation against the applicant is that he has been manipulated the court's order but it is submitted that he was not aware about the said change in the court's order as he is a layman and the court's order was manipulated by the co-accused Rakesh Chandra who was practicing advocate and now he is no more. It is submitted that the proceeding under Section 340 CrPC has been initiated against the applicant and co-accused both and during the pendency of application under Section 340 CrPC, the co-accused has died. It is also submitted that the applicant is languishing in jail since 05.03.2025 and is a man of clean antecedents as there are no previous criminal history against the applicant. He was not aware about the manipulation of the order of the court. It is also pointed out that the application under Section 340 CrPC was dismissed with liberty to the informant to take another legal recourse against the applicant as such by lodging the FIR, if he is so advised. It is next submitted that the investigation has been completed. The charge-sheet has been filed on
10.04.2025. The cognizance has already been taken by the competent court. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail.
3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by
learned counsel for the applicant during the arguments.
4. Heard Sri Ajay Kumar Sharma holding brief of Sri Mohd. Nadeem, learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned AGA for the State and perused the record.
5. It is admitted fact that the applicant is languishing in jail since 05.03.2025 and has no previous criminal history. He is a man of clean antecedents. The main accused Rakesh Chandra who has expired has manipulated the order of the court. The proceeding under Section 340 CrPC has been dismissed by the court concerned with liberty as stated above.The charge-sheet has been filed on 10.04.2025. The cognizance has already been taken by the competent court. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into
consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.
6. Let the applicant- Mahendra Pal Singh who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad