Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65710 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34713 of 2024 Applicant :- Surendra Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh,Adarsh Kumar Pandey,Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
3. Learned counsel for the applicant submits that in the F.I.R. the informant has alleged that applicant took his google pay number and extorted total Rs. 2,30,000/- from different persons. Learned counsel further submits that one prosecution witness-P.W.2 in his cross-examination at the trial has stated that the applicant had not cheated him and he had not send any money to the informant. Copy of cross-examination of P.W.2 is annexed with the supplementary affidavit filed today. Thus, learned counsel submits that P.W.2 had not supported the prosecution case and there is bleak chance that applicant may be convicted. 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 the applicant is in jail since 30.07.2024, with no criminal history.
4. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submission made on behalf of applicant.
5. 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.
6. Let the applicant-Surendra Pratap Singh, be enlarged on bail in Case Crime No. 85 of 2024, under Sections 166, 386, 420, 506 I.P.C., Police Station- Suriyawan, District- Bhadohi, 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.
7. 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 :- 28.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad