Ajay Pal Singh v. State of U.P. Thru. Prin. Secy. Home U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12578 of 2023 Applicant :- Ajay Pal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Abhinav Singh,Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar Singh, the learned counsel for the applicant, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 15 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Sawayajpur, District Hardoi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.01.2023 against six persons, including the applicant, alleging that Yaduveer Singh purchased the informant's property through a sale deed executed by some imposter projecting himself to be the informant.The applicant is marginal witness of sale deed and co-accused Yaduveer Singh in whose favour sale-deed has been executed, has already been granted bail by this Court in CRIMINAL MISC. BAIL APPLICATION No10312 of 2023.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has further been stated that the informant has already filed a civil suit for cancellation of sale deed bearing Civil Suit No.209 of 2023 before the Court of learned Civil Judge, Junior Division, Hardoi, which is pending consideration.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dispute between the parties is predominantly of civil nature, regarding which a civil suit is already pending, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 20.09.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Ajay Pal Singh be released on bail in Case Crime No. 15 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Sawayajpur, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 19.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench