Sanjai Singh Singhla v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14157 of 2023 Applicant :- Sanjai Singh Singhla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, the learned counsel for the applicant, Sri Rajesh Kumar Shukla, 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.167 of 2023, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.02.2023 against the applicant and one Siddharth Nath Garg alleging that the informant had purchased a plot of land from the applicant by means of a sale deed dated

30.11.2013 and his wife has also purchased another plot of land on the same date. Thereafter, Rs.9,50,000/- were taken by the accused persons from the informant and his wife on 30.12.2023 in the name of raising constructions on the plot but neither possession of the land was delivered nor was the house constructed. Upon demanding the refund of the money the applicant transferred rupees one lac through an agent bu the remaining money was not paid to him. The F.I.R. has been lodged after coming to know about the fact that the applicant was lodged in jail in connection with another case.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 25 other cases has been disclosed in the affidavit filed in support of the bail application, in 14 of which the applicant has been granted bail. The co-accused persons Sabha Pati Misra, Rajwant Yadav and Siddharth Garg have already been granted bail by this court and the applicant is languishing in jail since

03.06.2022. As per the statement made by the learned counsel for the applicant even charges have not been framed till date.

¶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 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-Sanjai Singh Singhla be released on bail in the aforesaid 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 :- 1.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench