Abhishek Kumar Singh v. State of U.P. Thru. Prin. Secy. Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9262 of 2023 Applicant :- Abhishek Kumar Singh @Abhishek Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Sectt. Lko Counsel for Applicant :- Shravan Kumar Verma,Manoj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shravan Kumar Verma, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2023, under Sections 406, 419, 420, 467, 468, 471, 120B, 34 I.P.C., registered at Police Station Kursi, District Barabanki.

3.The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Special Task Force, Lucknow on 13.05.2023 against five named persons, including the applicant, and some unknown persons, alleging that an informer had told that the applicant and Athar Hussain were indulged in commission of the offence and the applicant was about to come to meet the aforesaid persons. As per the FIR allegations, numerous documents, some rubber stamps and some appointment letters were recovered from co-accused, Abhishek Pratap Singh and it is alleged that all the accused persons confessed that they were indulged in providing forged appointment letters to the persons. A mobile phone, Rs.1500/- and some documents are said to have been recovered from the applicant's possession.

¶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 has no criminal history.

¶5The learned counsel for the applicant submits that the co-accused Neeraj Mishra, has been granted bail in the aforesaid case by means of the order dated

13.10.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.12205 of 2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a co-accused has already been granted bail, 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Abhishek Kumar Singh @ Abhishek Pratap Singh be released on bail in the aforementioned case 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 :- 30.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench