Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114284 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16537 of 2025 Applicant :- Ganga Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Kumar Pandey Counsel for Opposite Party :- G.A.,Preyansh Mishra Hon'ble Arun Kumar Singh Deshwal,J.
1. List is being revised.
2. Heard Sri Pankaj Kumar Tyagi, Advocate, holding brief of Sri Yogendra Kumar Pandey, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record.
3. No one appeared on behalf of the first informant despite service of notice by learned counsel for the applicant through Whatsapp which is available on record.
4. Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R. Subsequently, he was falsely implicated only on the ground that he has also accompanied the named accused to the shop of the first informant. It is further submitted that the first informant himself is a jeweller and expert in detecting the genuineness of gold. Therefore, allegation that he was cheated by selling artificial gold by the named accused to him is incorrect. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is further submitted that the applicant has no criminal antecedents to his credit. The applicant is a law abiding citizen and he is languishing in jail since 26.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.
6. 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, I am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant- Ganga 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 directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
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 :- 15.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad