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

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
20 December 2023
Bench
Subhash Vidyarthiauthor
Case no.
15094/2023

Judgment

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15094 of 2023 Applicant :- Sanjai Singh Singhla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra,Manish Arora Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, learned counsel for the applicant as well as 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. 259 of 2023, under Sections 420, 406, 447, 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 01.03.2023 against Sanjay Singh Singla and unnamed employees of the company, stating that the informant had purchased a plot of land from M/s Singla Devlopers through a sale-deed dated 26.02.2014 but possession of the plot was not delivered to him.

¶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 of similar nature and a case under U.P. Gangsters and Anti Social Activities Act has been disclosed in para 16 of the affidavit, in 17 of which the applicant has already been granted bail.

¶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 informant had purchased the land through a sale-deed dated 26.02.2014 and grievance of the informant is that he was not handed over possession of the land and the FIR has been lodged more than 8 years after execution of the sale-deed and prima facie it appears that the informant has not initiated any proceedings for recovery of possession of the land; that the applicant is not named in the FIR and there is no allegation against her; that the applicant is languishing in jail since 03.06.2023 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.

¶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. Order Date :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.