Allowed

Ajab Singh v. State of U.P.

Allahabad HC7 Mar 2018BAIL/31886/2017

Case brief

AI extract

What is this about?

The court disposed of a bail application filed by Ajab Singh under Sections 363, 366, and 506 IPC. Crediting the ground of parity with a co-accused already granted bail, the court allowed the release on bail in a criminal case pending at Police Station Sadabad, Hathras.

What did the court decide?

Release of applicant on bail with personal bond and two sureties subject to specified conditions regarding witness influence and court presence.

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

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Court No. - 57

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31886 of 2017

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Applicant :- Ajab Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey,Sudipta Dutta Counsel for Opposite Party :- G.A.

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Hon'ble Shashi Kant,J.

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Heard Shri Mohit Kumar Jaiswal, Advocate holding brief of Sri Sanjay Kumar Dubey, learned counsel for the applicant, Sri Janardan Yadav, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 291 of 2017, under Sections 363, 366, 506 I.P.C, Police Station - Sadabad, District - Hathras, with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 12.06.2017. The prosecutrix in her statement recorded under Section 164 Cr.P.C. (Annexure No. 3 to the Supplementary affidavit) has stated applicant and co-accused Sumit Singh left her on 16.04.2017 near to her home. Coaccused Sumit Singh has been enlarged on bail by this Court, vide order dated 10.01.2018 passed in Criminal Misc. Bail Application No. 1108 of 2018 - Sumit Singh Vs. State of U.P., applicant's case also lies on same footing as that of co-accused, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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During course of arguments, learned counsel for the applicant placed before this court a photocopy of bail order of co-accused Sumit Singh, which is taken on record.

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Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated coaccused Sumit Singh has already been granted bail.

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Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am

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of the view that the applicant is entitled to be released on bail.

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Let applicant Ajab Singh be released on bail in Case Crime No. 291 of 2017, under Sections 363, 366, 506 I.P.C, Police Station - Sadabad, District - Hathras, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 7.3.2018 A. Verma

Ajab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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