Jaspal Singh @ Sonu Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4096 of 2023 Applicant :- Jaspal Singh @ Sonu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pradeep Kumar Singh,Punit Kumar Shukla,Ramendra Kumar Counsel for Opposite Party :- G.A.,Amol Dixit,Salik Ram Yadav Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramendra Kumar, the learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A. for the State as well as Shri Salik Ram Yadav, the learned counsel for the informant and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 285 of 2022, under Sections 419,420,467,468,471,506 I.P.C. registered at Police Station Biswan, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.06.2022 against seven named persons, including the applicant, and an unknown person, alleging that the informant had purchased the property through a sale deed dated 13.5.2022. The F.I.R. further alleges that the co-accused Ajit Singh had taken Rs. 12 lakhs from the informant in the name of raising some constructions on the land. Later on, the informant came to know that the sale deed has been executed by some imposters.

¶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.

¶5A counter affidavit has been filed by the State opposing the bail application and pointing out the applicant's criminal history.

¶6The applicant's criminal history of 8 cases has been disclosed in Para No. 8 of the rejoinder affidavit, in all of which he has been granted bail and two co-accused Rakesh Kumar and Satish Kumar have already been granted bail in the present case by a Coordinate Bench of this Court vide orders dated 8.12.2022 and

17.11.2022 passed in Criminal Misc. Bail Application Nos. 14406 of 2022 and 13237 of 2022.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is neither the executant of the sale deed nor he received any money from the informant and that two co-accused have already been granted bail; he is languishing in jail since

4.9.2022 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Jaspal Singh @ Sonu Singh 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 :- 15.12.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench