Court allowed bail for applicant Mahipal Singh charged with looting a police station in 2004, noting extensive complicity and lack of criminal history. Bail granted against personal bond and sureties subject to standard conditions.
Bail allowed on personal bond and two sureties subject to standard bail conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28677 of 2018
Applicant :- Mahipal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation is that six named persons and one thousand unnamed persons entered into police station and looted the police station.
The argument of the learned counsel for the applicant is that the police has implicated the accused at will and the applicant has wrongly been implicated in this case. The incident relates to the year 2004 and large number of other co-accused have already been enlarged on bail by the court below. The applicant has no criminal history and is in jail since 25.5.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and 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.
Let the applicant Mahipal Singh involved in Case Crime No.339 of 2004, under Sections 395, 427, 436, 342, 332, 353, I.P.C. and 7 Criminal Law Amendment Act, Police Station Uttar, District Firozabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.7.2018
T. Sinha
3 issues framed by the court
Whether the applicant Mahipal Singh deserves to be granted bail in the criminal bail application.
Whether the allegations of implicating the accused at will justify granting bail.
What conditions should be imposed on the applicant's release on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another (2018)3 SCC 22 · Who else cites this
Mahipal Singh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
