Avinash Singh @ Sinku Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ...

1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

2.Learned counsel for the applicant submits that the applicant is not named in the first information report. The applicant's name has figured in the confessional statement of the co-accused Krishna Murari Gupta who has alleged that the sale proceeds which was received by him from Abhimanyu Singh have been given to the applicant after withdrawing cash from his account. In this context, the applicant's counsel submits that the allegation of the co-accused is false as after credit of the sale proceeds in his account, the said account has been transferred in different accounts which is evident from the bank statement of the said co-accused filed as Annexure No.6 to the application.

During investigation of the bank account of the co-accused, it could not be found that any amount received as sale proceeds was transferred in the account of the applicant. The applicant is neither a vendor nor vendee nor a marginal witness in the alleged sale transaction or sale deeds.

As regards transfer of amount of Rs.12 lacs in the account of the applicant, it is submitted that the co-accused Krishna Murari Gupta used to take help of the applicant for transacting the land deals and the applicant has charged for his services provided to the co-accused. The said amount has no relation with the sale proceeds, as alleged in the prosecution case.

The charge sheet has been filed against the applicant and the investigation is still going on against other co-accused. The offence is triable by Magistrate. The applicant has explained criminal criminal history of 14 cases in para 36 of the bail application. The applicant is in jail since 18.8.2025.

It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

3.Learned A.G.A. opposed the prayer for bail. It is submitted that the accused applicant along with co-accused persons fraudulently executed fake sale deeds. The applicant has a criminal history of 14 cases.

4.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history, the offence is triable by Magistrate, there is nothing on record to suggest that the applicant has not cooperated during investigation, charge sheet has been filed, investigation against the co-accused persons is going on, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

5.Let the applicant Avinash Singh alias Sinku Singh involved in Case Crime No.144 of 2024 under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Wazirganj, district Lucknow 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 with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the prosecution evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial 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.

Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed.

6.The application is allowed accordingly.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial.

(Rajeev Bharti,J.)

May 7, 2026

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