Ravi Singh @ Nath Nayanam v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12448 of 2023 Applicant :- Ravi Singh @ Nath Nayanam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Singh,Vibhanshu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard learned counsel for the applicant, Sri Anant Pratap Singh, 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. 0354 of 2023, under Sections 406, 411, 419, 420, 467, 478, 471, 504, 507, 201/34 I.P.C., registered at Police Station-Bachhrawan, District-Raebareli.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.06.2023 against one Ajeet Kumar Turha describing him as the operator of Sun Infra company, alleging that the informant had entered into the agreement to purchase GI wire worth Rs. 17 lacs from the named accused person and had transferred Rs. 8 lacs through RTGS from his bank again but neither the keys were supplied to him nor was his money refunded.

¶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.

¶5The applicant's involvement in another case has been disclosed in paragraph 20 of the affidavit filed in support of the application which has been decided in terms of settlement in Lok Adalat on 22.08.2023.

¶6In the supplementary affidavit dated 21.11.2023 filed on behalf of the applicant, it has been stated that the co-accused namely Ajit Turha has been granted bail by means of order dated 20.11.2023 passed by the Sessions Judge, Raebareli.

¶7The learned A.G.A. has opposed the prayer for bail by filing a counter affidavit, which is taken on record, wherein it has been stated that the applicant was arrested from a public place on the basis of information received from a mukhbir and the entire amount of Rs. 08 lacs in cash was recovered from his hand.

¶8Rejoinder affidavit has also been filed in response to the counter affidavit which is also taken on record.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; that the applicant has been implicated on the basis of information received from a mukhbir; that although the entire amount of Rs. 08 lacs is stated to have been recovered from the applicant, there is no independent witness of alleged recovery and the named accused person namely Ajit Kumar Turha has been granted bail; that the applicant is languishing in jail since 28.06.2023 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.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Ravi Singh @ Nath Nayanam 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. Order Date :- 11.12.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench