Saudan Singh v. State of U.P reported in

1. Heard Mr. Adarsh Chandra Srivastava, Advocate holding brief of Mr. Vaibhav Upadhyay, learned counsel for the appellant/applicant and Mr. Anurag Kumar Singh, learned counsel for the C.B.I..

2. This first bail application moved on behalf of appellant/applicant-Anand Prakash Tiwari who is convict of Session Trial No.8000035 of 2013 arising out of crime no. RC- 6 (S)/2011/CBI/SCB/SC-III/NDLS, Police Station- SCB/CBI/LKO/SC- III/NDLS under Section 120-B read with Section 302 I.P.C. and Section 3/25/27 Arms Act, and sentenced maximum imprisonment of life with fine stipulations and default clause under Section 302 I.P.C. vide judgment and order dated 28.6.2024 and 3.7.2024 passed by learned Special Judge C.B.I. Court No. 2, Lucknow.

3. Contention of the learned counsel for the appellant/applicant is that the entire prosecution story was at the instance of the persons named in the FIR that two assailants came on a motorcycle including the appellant/applicant and caused the offence in question. It is argued that all the other co-accused persons have been exonerated, even the person who was alleged to be sitting along with the appellant/applicant on the motorcycle has been exonerated and it is only the appellant/applicant who has been punished. It is further argued that the appellant/applicant is in custody since 17.06.2011 and has spent more than 14 years in custody. It is further argued that the 2 CRLA No. 2529 of 2024 appellant/applicant has no criminal antecedents apart from the two cases in which the appellant/applicant was convicted of which in one of the case he has already been granted bail vide an order dated 25.06.2025 passed by a co- ordinate Bench of this Court in I.A. No. 1 of 2024 (Application for bail under Section 430 of BNSS) filed in Criminal Appeal No. 2525 of 2024. It is argued that the appellant/applicant is similarly placed and identical evidence has been led in the present case. It is further argued that there were no eyewitnesses to the incident, thus, the case which was adjudicated based upon the evidences, according to the appellant/applicant, are not trustworthy. Therefore, the appellant/applicant may be enlarged on bail in the light of the dictum rendered by the Hon'ble Supreme Court In Re; Saudan Singh Vs. State of U.P reported in 2022 SCC OnLine SC 697. Learned counsel for the appellant/applicant has also given specific undertaking of learned counsel for the appellant/applicant that as in the connected appeal the paper book is ready, he shall address the appeal on merits as and when it is next listed.

4. Sri Anurag Kumar Singh, learned counsel appearing on behalf of the respondents argues that a heinous offence was committed by appellant/applicant at the instance of the conspirators in relation to the NRHM scam. He argues that the evidence on record clearly establish and links the weapons used for the offence, as well as the bullets were matched. It is further argued that one of the eye witnesses being P.W. No.32 has deposed that two persons had come on a motorcycle and had caused the offence in question. He further argues that it is for the first time that the appeal and the bail application are being pressed, however he does not dispute that the appellant/applicant is in custody for more than 14 years and has no other criminal history apart from the two cases in which the appellant/applicant has been convicted.

5. Having heard learned counsels for the parties and having perused the materials available on record; without entering into the merits of the appeal, considering the fact that the present appellant/applicant is in jail for more than 14 years; he has already been granted bail by a co-ordinate Bench of this Court in a similar matter having identical evidence vide order dated

25.5.2025 (Supra); we deem fit to extend the benefit of the judgment of the Hon'ble Apex Court In Re; Saudan Singh (supra) to the appellant, wherein the Hon'ble Court has been pleased to hold in paragraph no.7, as hereinunder:- 3 CRLA No. 2529 of 2024 "We have put to the learned AAG and the learned counsel for the High Court that a list should be prepared of all cases where the person has served out a sentence of 14 years, is not a repeat offender, and in any case if in these cases at one go bail can be granted and cases remitted for examination under the Uttar Pradesh Prisoners Release on Probation Rules, 1938. In all these cases, there is a high possibility that if these people are released, they may not be even interested in prosecuting their appeals." In view of the above and the specific undertaking of learned counsel for the appellant/applicant that he shall address the appeal on merits as and when it is next listed, we, hereby, grant bail to the present appellant/applicant.

6. Accordingly, the bail application is allowed and the sentence of the appellant is hereby suspended till the disposal of the appeal.

7. Let the appellant-Anand Prakash Tiwari convict of the aforesaid sessions trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

8. 50% fine imposed by the learned Trial Court shall be deposited by the appellant within a period of one month, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining 50% fine imposed by the learned Trial Court shall remain stayed.

9. It is made clear that during bail, if the appellant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

10. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

11. Office is directed to prepare the paper-book, if it is not prepared and to provide copy thereof to all concerned on the payment of usual charges.

12. List the appeal along with Criminal Appeal No. 2525 of 2024 in the week commencing 02.02.2026 within top ten cases. . . 4 CRLA No. 2529 of 2024 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 16, 2025 Anuj Singh

1. Heard Mr. Adarsh Chandra Srivastava, Advocate holding brief of Mr. Vaibhav Upadhyay, learned counsel for the appellant/applicant and Mr. Anurag Kumar Singh, learned counsel for the C.B.I..

2. This first bail application moved on behalf of appellant/applicant-Anand Prakash Tiwari who is convict of Session Trial No.8000035 of 2013 arising out of crime no. RC- 6 (S)/2011/CBI/SCB/SC-III/NDLS, Police Station- SCB/CBI/LKO/SC- III/NDLS under Section 120-B read with Section 302 I.P.C. and Section 3/25/27 Arms Act, and sentenced maximum imprisonment of life with fine stipulations and default clause under Section 302 I.P.C. vide judgment and order dated 28.6.2024 and 3.7.2024 passed by learned Special Judge C.B.I. Court No. 2, Lucknow.

3. Contention of the learned counsel for the appellant/applicant is that the entire prosecution story was at the instance of the persons named in the FIR that two assailants came on a motorcycle including the appellant/applicant and caused the offence in question. It is argued that all the other co-accused persons have been exonerated, even the person who was alleged to be sitting along with the appellant/applicant on the motorcycle has been exonerated and it is only the appellant/applicant who has been punished. It is further argued that the appellant/applicant is in custody since 17.06.2011 and has spent more than 14 years in custody. It is further argued that the 2 CRLA No. 2529 of 2024 appellant/applicant has no criminal antecedents apart from the two cases in which the appellant/applicant was convicted of which in one of the case he has already been granted bail vide an order dated 25.06.2025 passed by a co- ordinate Bench of this Court in I.A. No. 1 of 2024 (Application for bail under Section 430 of BNSS) filed in Criminal Appeal No. 2525 of 2024. It is argued that the appellant/applicant is similarly placed and identical evidence has been led in the present case. It is further argued that there were no eyewitnesses to the incident, thus, the case which was adjudicated based upon the evidences, according to the appellant/applicant, are not trustworthy. Therefore, the appellant/applicant may be enlarged on bail in the light of the dictum rendered by the Hon'ble Supreme Court In Re; Saudan Singh Vs. State of U.P reported in 2022 SCC OnLine SC 697. Learned counsel for the appellant/applicant has also given specific undertaking of learned counsel for the appellant/applicant that as in the connected appeal the paper book is ready, he shall address the appeal on merits as and when it is next listed.

4. Sri Anurag Kumar Singh, learned counsel appearing on behalf of the respondents argues that a heinous offence was committed by appellant/applicant at the instance of the conspirators in relation to the NRHM scam. He argues that the evidence on record clearly establish and links the weapons used for the offence, as well as the bullets were matched. It is further argued that one of the eye witnesses being P.W. No.32 has deposed that two persons had come on a motorcycle and had caused the offence in question. He further argues that it is for the first time that the appeal and the bail application are being pressed, however he does not dispute that the appellant/applicant is in custody for more than 14 years and has no other criminal history apart from the two cases in which the appellant/applicant has been convicted.

5. Having heard learned counsels for the parties and having perused the materials available on record; without entering into the merits of the appeal, considering the fact that the present appellant/applicant is in jail for more than 14 years; he has already been granted bail by a co-ordinate Bench of this Court in a similar matter having identical evidence vide order dated

25.5.2025 (Supra); we deem fit to extend the benefit of the judgment of the Hon'ble Apex Court In Re; Saudan Singh (supra) to the appellant, wherein the Hon'ble Court has been pleased to hold in paragraph no.7, as hereinunder:- 3 CRLA No. 2529 of 2024 "We have put to the learned AAG and the learned counsel for the High Court that a list should be prepared of all cases where the person has served out a sentence of 14 years, is not a repeat offender, and in any case if in these cases at one go bail can be granted and cases remitted for examination under the Uttar Pradesh Prisoners Release on Probation Rules, 1938. In all these cases, there is a high possibility that if these people are released, they may not be even interested in prosecuting their appeals." In view of the above and the specific undertaking of learned counsel for the appellant/applicant that he shall address the appeal on merits as and when it is next listed, we, hereby, grant bail to the present appellant/applicant.

6. Accordingly, the bail application is allowed and the sentence of the appellant is hereby suspended till the disposal of the appeal.

7. Let the appellant-Anand Prakash Tiwari convict of the aforesaid sessions trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

8. 50% fine imposed by the learned Trial Court shall be deposited by the appellant within a period of one month, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining 50% fine imposed by the learned Trial Court shall remain stayed.

9. It is made clear that during bail, if the appellant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

10. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

11. Office is directed to prepare the paper-book, if it is not prepared and to provide copy thereof to all concerned on the payment of usual charges.

12. List the appeal along with Criminal Appeal No. 2525 of 2024 in the week commencing 02.02.2026 within top ten cases. . . 4 CRLA No. 2529 of 2024 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 16, 2025 Anuj Singh