Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 1370 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Neeraj Sharma, learned A.G.A. for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 290 of 2024, under Sections 318(4), 338, 336(3), 340(2) & 61(2) BNS, Police Station Maudarwaja, District Farrukhabad during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is the purchaser of the alleged land by means of a sale deed dated 03.07.2024. The stamp duty as well as sale consideration was duly paid. The applicant himself is victim of the fraud. The inordinate delay in lodging the first information report is fatal to the prosecution case. The case of the applicant is distinguishable from that of other co-accused. The criminal history of the applicant has been explained in paragraph-3 of the supplementary affidavit. The applicant is in jail since 08.06.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged belatedly. The applicant is purchaser of the alleged land by means of a Versus Counsel for Applicant(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A. Shishupal Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
sale deed dated 03.07.2024. The sale deed records that the sale consideration was duly paid. At this stage, there is no corroborative evidence to link the applicant with the offence. Further, the applicant has remained confined for almost ten months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant Shishupal Singh involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 28, 2026 gp BAIL No. 1370 of 2026 2 (Vivek Varma,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad