Allowed

Budha Singh @ Atees Kumar v. State of U.P.

Allahabad HC5 Apr 2019BAIL/14190/2019

Case brief

AI extract

What is this about?

In this criminal bail application, the court allowed the applicant Budha Singh to be released on bond considering his lack of criminal history and the fact that a co-accused had already been granted bail. Standard conditions were imposed.

What did the court decide?

Bail allowed on personal bond and two sureties each upon furnishing of surety amount subject to standard conditions.

Budha Singh @ Atees Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14190 of 2019

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Applicant :- Budha Singh @ Atees Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Nigam Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 30.12.2017 against three accused persons, namely Sashvendra, Buddha Singh, Balveer and Lalla alleging that on 28.12.2017 they killed Santosh by strangulation and threw in dry well.

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It is submitted by learned counsel for the applicant that coaccused namely Lall Singh @ Rampratap has been granted bail by this Court vide order dated 8.3.2019 in Criminal Misc. Bail Application No. 10061 of 2019, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Incident took place at night. Nobody has seen the incident. There is general allegation against the applicant. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. FIR was lodged after two days of incident after thought and due legal consultation. He is languishing in jail since 14.11.2018 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Budha Singh @ Atees Kumar involved in Case Crime No. 1541 of 2017, under Sections 302, 201 IPC, Police Station Akbarpur, District Kanpur Dehat be released on bail on furnishing a personal bond and two sureties each

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in the like amount to the satisfaction of the court concerned subject to following conditions:

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

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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4.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.

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5.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.

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

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Order Date :- 5.4.2019

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A. Singh

Budha Singh @ Atees Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Budha Singh @ Atees Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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