Allowed

Mulayam Singh v. State of U.P.

Allahabad HC18 Aug 2018BAIL/31330/2018

Case brief

AI extract

What is this about?

This criminal bail application was allowed by the Single Judge. The court, relying on Apex Court dictum and absent finding guilt, recognized a prima facie case for bail and imposed standard conditions to prevent tampering with evidence and ensuring appearance.

What did the court decide?

Applicant released on bail subject to furnishing personal bond and two sureties and complying with eight conditions regarding conduct and appearance.

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

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31330 of 2018

¶3

Applicant :- Mulayam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

The argument is that recovery of eight motorcycles have been made from the joint possession of the applicant and other co-accused and the applicant has been implicated in one more case simultaneously. The applicant has no prior criminal history and is in jail since 3.6.2018.

¶7

On the other hand learned AGA has opposed the prayer for bail.

¶8

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.

¶9

Let the applicant Mulayam Singh involved in Case Crime No.326 of 2018, under Sections 411, 413, I.P.C. and Section 41/102, Cr.P.C., Police Station Soron, District Kasganj 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.

¶10

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

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the

¶13

date fixed, unless personal presence is exempted.

¶14

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

¶15

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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

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.

¶17

Order Date :- 18.8.2018 T. Sinha

Mulayam Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mulayam 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Kumar Vs State of U.P.

Nishant Vs State of U.P.

Ram Sajiwan Vs State of U.P. and Another

Atul Abrol Vs State of U.P.

Bechan Pal and Another Vs State of U.P. and Others

K.P. Kureel Vs State of U.P. and Others