Rajendra Singh v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34056 of 2023 Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard Shri Deepak Singh Yadav, Advocate who has filed his Parcha today in Court, learned AGA and perused the record.

¶2The FIR in question was lodged alleging that on the basis of some investigation carried out by the STF with regard to allotment of land in the year 1975, it was revealed that two sale-deeds were executed by impersonation in the year 2003 & 2004. Based upon the said allegation, the applicant has been apprehended.

¶3Contention of counsel for the applicant is that the FIR in question has been lodged after about 20 years and the allegations against the applicant are bald without any substance. Learned counsel for the applicant relies upon the bail order passed in the case of co-accused on 09.08.2023 in favour of the bonafide purchaser.

¶4A supplementary affidavit has been filed today in Court, which is taken on record, which demonstrates that apart from the case in question, the applicant was implicated in two other cases being Case Crime No.531 of 2022 & Case Crime No.296 of 2023 for which the bail applications are said to be pending before the Court.

¶5Learned AGA has opposed the bail application.

¶6Considering the delay in lodging the FIR and the fact that there is no material to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶7Let the applicant Rajendra Singh be released on bail in FIR No.299 of 2023, under Section 419, 420, 467, 468, 471, 477A IPC, P.S. Kotwali, District Mainpuri on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of 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 :- 1.11.2023 nishant High Court of Judicature at Allahabad