Satya Prakash v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15249 of 2023 Applicant :- Satya Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Neeraj Singh, learned counsel for the applicant, Sri Virendra Kumar, learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 179 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Bihar, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2023 stating that the informant had purchased a plot of land belonging to Shiv Shankar but the sale deed was executed by some imposter. She stated that all the accused persons are involved in commission of offence.

¶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 he has no criminal history.

¶5The applicant is brother of Shiv Shankar.

¶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 the informant has not levelled any allegation of any specific act committed by the applicant and coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since

17.11.2023 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 case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Satya Prakash 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 :- 22.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench