Lakhan Singh vs. State Of U.P.
Held
The Court allowed the bail application. Citing the settled position of law that bail is the rule and jail is the exception, as per the Apex Court's judgments in State of Rajasthan Vs. Balchand @ Baliay and Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, the Court considered the larger mandate of Article 21 of the Constitution, the nature of accusations, evidence, severity of punishment, character of the accused, peculiar circumstances, possibility of securing presence at trial, apprehension of witness tampering, and larger public/State interest. Without expressing an opinion on the merits of the case, the Court found it to be a fit case for granting bail. The applicant was directed to be released on furnishing a personal bond and two sureties to the satisfaction of the court, with conditions to not tamper with evidence, intimidate witnesses, and remain present during trial proceedings. The trial court was explicitly stated to be free to arrive at independent conclusions.
Facts
The petitioner, Lakhan Singh, sought bail in a case registered under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code. The FIR, lodged on June 23, 2021, alleged criminal conspiracy for cheating related to an agreement for developing a fish pond between Fish Fortune Produce Company and the informant on February 18, 2020. The petitioner claimed innocence, stating he was falsely implicated and was not a beneficiary of the transaction. He asserted that Fish Fortune Produce Company is a registered entity with a GST number, and he had no connection with it, nor was he its agent or authorized member. The informant had not deposited any amount into the petitioner's account. The petitioner had been in jail since June 26, 2021, and had no criminal history.
Key Issues
1. Whether the applicant is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, considering the allegations of criminal conspiracy and cheating, and the principles governing bail applications. Arguments for the Applicant (Petitioner): The applicant is innocent and falsely implicated. He is not the beneficiary of the alleged transaction, and the company involved is registered with a GST number. He has no concern with the company and is neither its agent nor an authorized member. No amount was deposited into his account. He has no criminal history, poses no flight risk, and will not tamper with witnesses. The trial is likely to be delayed due to case pendency. Arguments for the Opposite Party (State): The learned Additional Government Advocate opposed the bail application, arguing that if released, the applicant might indulge in similar activities and misuse liberty.
Sections Cited
Section 439, Section 420, Section 467, Section 468, Section 471, Section 120B, Article 21, Section 313
AI-generated summary — verify with the full judgment below
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32370 of 2021 Applicant :- Lakhan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard Sri Anil Kumar Mishra, Advocate holding brief of Shri Ashish Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
The present bail application has been filed on behalf of applicant, Lakhan Singh under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 413 of 2021, under Sections 420, 467, 468, 471, 120B of the Indian Penal Code, registered at Police Station Tajganj, District Agra, during pendency of the trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per allegation of the first information report, the applicant has been implicated for the offence of criminal conspiracy for the offence of cheating. First information dated 23.6.2021 has been lodged s
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