Allowed

Balram Singh and Another v. State of U.P.

Allahabad HC11 Jul 2018BAIL/15046/2018

Case brief

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What is this about?

This court allowed a bail application filed by Balram Singh and Rajesh Singh. The applicants, previously on bail and later surrendered after license exemption was rejected, were granted release to prevent indefinite custody pending trial.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each, subject to conditions regarding tampering, intimidation, and appearance in court.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15046 of 2018

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Applicant :- Balram Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Certified copy of order sheet has been filed by the learned counsel for the applicant.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that initially the applicants were on bail. The exemption applications of applicants were rejected by the trial Court on 6.3.2018 They surrendered before the Court on 20.3.2018 and till then they are languishing in jail. One more opportunity may be given and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that one of the co-accused is not appearing before the trial court, hence it is not possible to get this case decided in near future.

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On the other hand, learned AGA opposing the prayer for bail submitted that since the applicants have misused the liberty of bail, the prayer for bail be rejected.

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Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.

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Let applicants Balram Singh and Rajesh Singh involved in Special Session Trial No. 69 of 2012, Case Crime No.83 of 2006, under Section 2/3 Gangster Act, Police Station Usrahar, District Etawah be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicants will not tamper with the evidence during the trial.

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2.The applicants will not pressurize/ intimidate the prosecution witness.

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3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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5.The applicants 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.

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

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Order Date :- 11.7.2018

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P.P.

Balram Singh and Another v. State of U.P.

Case brief

What is this about?

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Balram Singh and Another v. State of U.P.

Case brief

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