High Court · 2025

1. Heard Sri Praveen Kumar Yadav, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 27.3.2025 in Case Crime No. 133 of 2025 u/s 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2), 111, 308(5) BNS, P.S. Gomti Nagar, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. The allegations levelled in the FIR are that the UPSTF got a secret information that a gang is actively involved in illegal sale and purchase of LDA plots by which they earn huge profits would meet on 27.3.2025 at Dayal Paradise, Gomti Nagar, Lucknow. Acting on the tip-off, the STF party reached on the spot and apprehended the accused persons including the applicant from a car.

4. Attention has been drawn towards the impugned First Information Report, wherein, the allegations have been levelled against eight accused persons including the present applicant. As per the prosecution story, the main allegation have been levelled against the co-accused Rahul Singh and Achaleshwar Gupta and on the basis of their statement, the present applicant has been implicated. Investigation is going on and no incriminating material has been recovered from the present applicant as on today. Further learned counsel for the applicant has explained the criminal history in paragraph 37 of the bail application.

5. Learned counsel for the applicant has shown the copy of the bail orders dated 26.06.2025 passed by this court in Criminal Misc. Bail Application No. 5673 of 2025 granting bail to the co-accused Mukesh Maurya @ Rangi. Co-accused, namely, Dhananjay Singh has been granted bail on 02.07.2025 in Criminal Misc. Bail Application No. 5672 of 2025 and vide order dated 3.7.2025 passed by this Court in Criminal Misc. Bail Application No. 6169 of 2025 the co-accused Susheel Kumar Mishra has been granted bail. Learned counsel for the applicant has stated that so far as the role of the present applicant is concerned, he has been given the role of preparing the documents on the basis of confessional statement of Achleshwar Gupta, so on the basis of the principles of parity, he may also be enlarged on bail. Learned counsel for the applicant has explained the criminal history of eleven cases of the present applicant in paragraph 30. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Mukesh Maurya @ Rangi, Dhananjay Singh, Susheel Kumar Mishra have already been enlarged on bail by this Court vide orders dated 26.06.2025, 02.07.2025 and 03.07.2025 in Criminal Misc. Bail Application No.5673 of 2025, Criminal Misc. Bail Application No. 5672 of 2025 Criminal Misc. Bail Application No. 6169 of 2025, therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 8A. Bail application is allowed.

9. Let the applicant Ram Bahadur Singh, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. Order Date :- 16.7.2025/Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Praveen Kumar Yadav, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 27.3.2025 in Case Crime No. 133 of 2025 u/s 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2), 111, 308(5) BNS, P.S. Gomti Nagar, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. The allegations levelled in the FIR are that the UPSTF got a secret information that a gang is actively involved in illegal sale and purchase of LDA plots by which they earn huge profits would meet on 27.3.2025 at Dayal Paradise, Gomti Nagar, Lucknow. Acting on the tip-off, the STF party reached on the spot and apprehended the accused persons including the applicant from a car.

4. Attention has been drawn towards the impugned First Information Report, wherein, the allegations have been levelled against eight accused persons including the present applicant. As per the prosecution story, the main allegation have been levelled against the co-accused Rahul Singh and Achaleshwar Gupta and on the basis of their statement, the present applicant has been implicated. Investigation is going on and no incriminating material has been recovered from the present applicant as on today. Further learned counsel for the applicant has explained the criminal history in paragraph 37 of the bail application.

5. Learned counsel for the applicant has shown the copy of the bail orders dated 26.06.2025 passed by this court in Criminal Misc. Bail Application No. 5673 of 2025 granting bail to the co-accused Mukesh Maurya @ Rangi. Co-accused, namely, Dhananjay Singh has been granted bail on 02.07.2025 in Criminal Misc. Bail Application No. 5672 of 2025 and vide order dated 3.7.2025 passed by this Court in Criminal Misc. Bail Application No. 6169 of 2025 the co-accused Susheel Kumar Mishra has been granted bail. Learned counsel for the applicant has stated that so far as the role of the present applicant is concerned, he has been given the role of preparing the documents on the basis of confessional statement of Achleshwar Gupta, so on the basis of the principles of parity, he may also be enlarged on bail. Learned counsel for the applicant has explained the criminal history of eleven cases of the present applicant in paragraph 30. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Mukesh Maurya @ Rangi, Dhananjay Singh, Susheel Kumar Mishra have already been enlarged on bail by this Court vide orders dated 26.06.2025, 02.07.2025 and 03.07.2025 in Criminal Misc. Bail Application No.5673 of 2025, Criminal Misc. Bail Application No. 5672 of 2025 Criminal Misc. Bail Application No. 6169 of 2025, therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 8A. Bail application is allowed.

9. Let the applicant Ram Bahadur Singh, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. Order Date :- 16.7.2025/Om OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench