Allowed

Sangam Singh v. State of U.P.

Allahabad HC14 Aug 2018BAIL/30625/2018

Case brief

AI extract

What is this about?

Hon'ble Rahul Chaturvedi, J. allowed a bail application filed by Sangam Singh in Case Crime No. 623 of 2017 (IPC 498-A, 304-B, 201). Considering the nature of the offence and lack of dying declaration, the court granted bail subject to strict conditions regarding attendance and non-interference.

What did the court decide?

Sangam Singh released on bail in Case Crime No. 623 of 2017 upon furnishing a personal bond and two sureties.

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

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Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30625 of 2018 Applicant :- Sangam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Chandra Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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

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By means of this application, the applicant who is involved in case crime no. 623 of 2017, under Sections 498-A, 304-B and 201 IPC and 3/4 of the D.P. Act, P.S. Kaptanganj, DistrictKushinagar is seeking enlargement on bail during the trial.

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Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the applicant is father-in-law. As many as four persons have been named in the present case and general role of committing the murder of the deceased has been assigned. The role of burning dead body has also been assigned to the four accused persons. Learned counsel for the applicant has submitted that the applicant has no concern with the internal matters of husband and wifedeceased, as the applicant is living separately. In support of separate living learned counsel for the applicant has annexed ration card (Annexure-5 to the writ petition). There is no dying declaration. The husband of the deceased is languishing in jail. The applicant is also in jail since 21.1.2018 and has no criminal antecedents except the present one..

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant..

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.

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Let the applicant Sangam Singh , be released on bail in case crime no. 623 of 2017, under Sections 498-A, 304-B and 201 IPC and 3/4 of the D.P. Act, P.S. Kaptanganj, DistrictKushinagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned

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with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 14.8.2018

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A. Pt. Singh

Sangam Singh v. State of U.P.

Case brief

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Sangam Singh v. State of U.P.

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