Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119651 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12826 of 2025 Applicant :- Surendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anupam Shyam Dwivedi,Sudhir Dixit,Utkarsh Dixit Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma Hon'ble Dr. Gautam Chowdhary,J.
1. This case is being taken up on the mention made by the learned counsel for the applicant in the morning.
2. None has appeared on behalf of informant.
3. Learned counsel for the applicant by placing a notice of mention slip submits that he served the notice to the informant's counsel in writing about the case being taken up today by the Court in the morning, who has accepted the same and put his signature on the said mention slip and despite that he is not present. The said mention slip is taken on record.
4. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
5. Learned counsel for the applicant submits that applicant is named in the F.I.R. along with four other accused persons. The applicant is the marginal witness of the sale deed executed on 26.08.2020, 25.02.2021 and 23.12.2020. No sale consideration was credited into his account and he is not the beneficiary of the said transaction and whatever transaction was made that was made between the informant and one co-accused, Udal Singh, therefore, case of applicant is different from the case of main accused Udal Sinh who sold the alleged land to the informant and had received the amount of sale consideration. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there is one criminal case pending against the applicant.The applicant is languishing in jail since
22.03.2025.
6. Per contra, learned A.G.A. has opposed the prayer for bail of applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
7. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
8. Let the applicant-Surendra Singh, be enlarged on bail in Case Crime No. 0003 of 2025, under Sections 191(2), 316(2), 318(4), 336(3), 338, 340(2), 61(2) of B.N.S., Police Station- Sasni, District- Hathras, on executing a personal bond and furnishing two local 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. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
9. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 22.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad