Allowed

Udal Singh v. State of U.P.

Allahabad HC8 May 2018BAIL/17027/2018

Case brief

AI extract

What is this about?

This court allowed the bail application of accused Udal Singh in a murder matter, noting a lack of recoveries or eyewitnesses specifically against him and allowing bail on contractual grounds.

What did the court decide?

Accused Udal Singh released on bail on personal bond and two sureties subject to standard conditions including not tampering with evidence and appearing before the trial court.

Udal Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17027 of 2018

¶3

Applicant :- Udal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Chandra Solanki,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

Vakalatnama filed today by Sri Vipin Kumar Yadav and Sri Rajesh Yadav, learned counsel on behalf of complainant is taken on record.

¶6

Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.

¶7

According to prosecution case, FIR was lodged on the basis of suspicion against Bharat Singh, Vijai Shankar, Ram Kishor, son of Padam Singh, Ram Kishor son of Harvansh Singh and Raja Karan alleging that on 16.8.2017 at 19 hours they shot fire at Vinam Singh, brother of complainant Ashok Kumar. He received gunshot injuries and died resultantly. During investigation, name of above five accused have been found false and one Brijesh Yadav was arrested by the police, and one countrymade pistol was recovered. He confessed offence and disclosed names of Prem Babu, Udal Singh, Raju and Rajesh. Role of other accused is extended to conspiracy.

¶8

It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Rajesh who has already been enlarged on bail by coordinate Bench of this Court vide order dated 29.3.2018 passed in Criminal Misc. Bail Application No.10955 of 2015 and the applicant is entitled to bail on the ground of parity. He is not named in the FIR and he has been falsely implicated in the present case. He is languishing in jail since 27.3.2018(more than one month). Criminal history has been explained. There is no legal evidence against this accused except confessional statement given by Brijesh Yadav before the police. There is no recovery at the pointing out of this accused. There is no independent witness or eye witness count against this accused. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶9

On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that criminal history has

¶10

been explained.

¶11

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let applicant Udal Singh involved in Case Crime No.212 of 2017, Case No. 6812 of 2017, under Section 147, 148, 149, 302 and 120 B IPC, Police Station Balrai, District Etawah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

¶13

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

¶14

The applicant will not pressurize/ intimidate the prosecution witness.

¶15

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

¶16

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.

¶17

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.

¶18

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

¶19

Order Date :- 8.5.2018 P.P.

Udal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Udal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Imran Vs State of U.P.

Kapil Vs State of U.P.

Smt. Vimlesh Vs State of U.P.

Sonu Vs State of U.P.

Rajesh Yadav Vs State of U.P.

Sonu Sakka Vs State of U.P.