Allowed

Hari Pal Singh v. State of U.P.

Allahabad HC27 Aug 2018BAIL/13756/2018

Case brief

AI extract

What is this about?

In a bail application under Section 307 IPC, the High Court allowed the release of the applicant, Hari Pal Singh, on personal bond with two heavy sureties subject to standard conditions, noting the absence of criminal history and false implication allegations.

What did the court decide?

Release of applicant Hari Pal Singh on personal bond with two heavy sureties subject to conditions of attending trial and not tampering with witnesses.

Hari Pal Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13756 of 2018

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Applicant :- Hari Pal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Bhaskar Bhadra, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and pradhani election. It is next contended that there is no eye witness of the alleged incident and no incriminating article has been recovered from the possession of the applicant. It is further submitted that the money dispute between the parties is pending, which has been dragged into criminal prosecution of the applicant only to put pressure. It is further submitted that the money dispute is pending between the parties, which has been dragged into criminal prosecution of the applicant only to put pressure. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 22.12.2017. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be

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released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Hari Pal Singh involved in Case Crime No.371 of 2017, under Section 307 I.P.C., Police Station Bhuta, District Bareilly be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 27.8.2018 Dev/-

Hari Pal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hari Pal Singh v. State of U.P.

Case brief

What is this about?

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What the court decided

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