Shailendra Singh @ Suney v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21960 of 2023 Applicant :- Shailendra Singh @ Suney Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.123 of 2023 under sections 420, 467, 468, 471 IPC and section 66/66B/66C/66D IT Act, P.S. Bharthana, District Etawah.

¶3The FIR in question was lodged alleging that on the basis of the recovery effected in the shop run by the applicant, several documents such as Laptop and mobiles phones etc. were recovered, which according to the applicant, were used for illegally transferring the money and for other illegal purposes.

¶4The counsel for the applicant argues that the entire FIR is based upon the confessional statement that the said things were being used for carrying out of certain illegal activities without there being any specific allegation of having committed any illegal activity. As regards the criminal antecedents, the same have been duly explained in para six to fourteen of the bail application wherein in all the cases, the applicant is on bail. The applicant is said to be in custody since 16.04.2023.

¶5Considering the nature of the allegations levelled in the FIR, which are prima-facie based upon the confessional statement and there being no specific allegation of any cheating or forgery committed by the applicant and the applicant has been arrested only based upon the criminal history wherein in all the cases, the applicant is on bail, thus, on the basis of the nature of allegations levelled in the FIR, the applicant is entitled to be enlarged on bail. Thus the bail application is allowed.

¶6Let the applicant Shailendra Singh @ Suney be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 30.10.2023 VNP/- High Court of Judicature at Allahabad