Sher Singh Yadav v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52068 of 2023 Applicant :- Sher Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 151 of 2022, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Hafizganj, District Bareilly, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant is a deed-reader of the alleged sale-deed dated 26.08.2021. He has a valid licence issued by the Registrar, Stamp and Registration, Bareilly. He has been falsely implicated in the instant case. No amount was credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The applicant is in jail since

08.11.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant is a deed-reader of the alleged sale-deed dated 26.08.2021. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The applicant has no criminal antecedents. The applicant has remained confined for almost one month 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.

¶6Let the applicant Sher Singh Yadav 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.

¶7In 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 :- 5.12.2023 Lbm/- High Court of Judicature at Allahabad