Allahabad High Court
ARVINDPAL SINGHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Arvindpal Singh, who was arrested in a case (Crime No. 215 of 2024) involving alleged offences under IPC sections 420, 467, 468, 471 and 120B. The applicant claimed innocence, stating that he had approved a bank loan after a legal scrutiny report prepared by the bank's empanelled advocate, who later denied having prepared the report. The counsel highlighted the absence of a forensic scientific laboratory (FSL) report, the delayed filing of the FIR, and the lack of any prior criminal record as factors favoring bail. The State opposed the bail, but the court, after reviewing the record and the seriousness of the allegations, concluded that bail could be granted without prejudice to the merits of the case. The court ordered the applicant’s release on personal bond with two sureties, subject to standard conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences.
Issues considered
- Whether bail should be granted to an accused facing charges under IPC sections 420, 467, 468, 471 and 120B.
- Whether the delay in filing the FIR and the absence of an FSL report justify bail.
- Whether the accused poses a risk of tampering with evidence or influencing witnesses.
- Whether the accused is likely to commit a similar offence while on bail.
Legislation cited
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- fraud
- forgery
- criminal procedure
- delay in FIR
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35153 of 2026
Arvindpal Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishabh Raj
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State
and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 215 of 2024, under Sections 420, 467, 468, 471,
120B IPC, Police Station Khandauli, District Agra, during pendency of
the trial in the court concerned.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case due to ulterior motives.
It is further submitted that, at the time of the alleged incident, the
applicant was posted as Branch Manager of the concerned bank and had
approved the loan in favour of Krishna Gopal Sharma only after
considering the report submitted by the then empanelled Advocate of the
Bank namely Amit Bhati and after satisfying himself regarding the
genuineness of the revenue records and the legal scrutiny report submitted
by the said Advocate. It is further submitted that the empanelled Advocate
of the Bank, namely Amit Bhati, had prepared and submitted a legal
scrutiny report in respect of the relevant documents, and only thereafter
was the loan processed and sanctioned by the applicant in the discharge of
his official duties. Subsequently, the said empanelled Advocate allegedly
stated that he had not submitted any such report and denied the signature
on the same. On the basis of the said subsequent statement, and without
properly verifying the genuineness and circumstances in which the earlier
BAIL No. 35153 of 2026
2
legal scrutiny report was submitted, the applicant has been implicated in
the present case. It is further submitted that there is no FSL report on
record to substantiate the allegations against the applicant. The FIR has
also been lodged after an unexplained delay from the alleged incident,
which casts serious doubt upon the prosecution version, particularly so far
as the role attributed to the applicant is concerned. It is lastly submitted
that the applicant has no concern with the alleged offence and has not
committed any offence as alleged by the prosecution. The criminal history
of the applicant has been specifically explained in paragraph 27 of the
present bail application. The applicant has been languishing in jail since
26.02.2026 and, therefore, he is entitled to be enlarged on bail. It is also
submitted that the applicant undertakes that he will not misuse the liberty,
if granted. It has also been pointed out that in the wake of heavy pendency
of cases in the Court, there is no likelihood of any early conclusion of
trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Arvindpal Singh be released on bail in the aforesaid case
on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the
following conditions:-
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
BAIL No. 35153 of 2026
3
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
October 1, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
Checking your session…