Sarvesh Raj Singh @ Sarvesh Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49108 of 2023 Applicant :- Sarvesh Raj Singh @ Sarvesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh,Arvind Kumar Arya Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 297 of 2018, under Sections 307, 336 I.P.C, Police Station-Deoband, District-Saharanpur, during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The F.I.R has been lodged against the unknown persons, who could not be identified. Learned counsel for the applicant contends that only on suspicion the applicant has been implicated in the present case. The applicant has explained nine cases of criminal history including the present case in para three of the supplementary affidavit, in all eight criminal cases the applicant has already been enlarged on bail. The applicant has no criminal antecedent in his credit except the cases mentioned in the affidavit. He is in jail since 18.07.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Sarvesh Raj Singh @ Sarvesh Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 4.12.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad