Allowed

Shivpal Singh v. State of U.P.

Allahabad HC11 Apr 2019BAIL/15073/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application by an accused charged under Sections 323, 504, and 304 IPC for assault and culpable homicide. The Single Judge allowed the bail application, noting co-accused had already been granted bail and there was no independent evidence against the applicant.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each, subject to standard conditions of the court.

Shivpal Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15073 of 2019

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Applicant :- Shivpal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar 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, Sri K.P. Tiwari, learned brief holder for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against five accused persons, namely Surendra, Shiv Naresh, Puran, Shivpal Singh and Ravikant alleging that on 24.8.2018 they assaulted Ram Khilawan with lathi-danda, he received five injuries, resultantly died. Specific role of assault was assigned to co-accused Puran.

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It is submitted by learned counsel for the applicant that coaccused namely Surendra and Shiv Naresh has been granted bail by this Court vide order dated 13.2.2019 and 9.4.2019 in Criminal Misc. Bail Application Nos. 6109 of 2019 and 14539 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except co-accused Puran. Main role of assault was assigned to co-accused Puran. The case of applicant is distinguishable from co-accused Puran. There is no independent witness and no legal evidence against the applicant. Nothing was recovered from the possession of applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 31.1.2019 (near about two and half months) criminal history of one case has been properly explained 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 criminal history has been explained.

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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 Shivpal Singh involved in Case Crime No.

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308 of 2018, under Sections 323, 504, 304 IPC, Police Station Rura, District Kanpur Dehat be released on bail on furnishing a personal bond and two sureties each 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 :- 11.4.2019 A. Singh

Shivpal Singh v. State of U.P.

Case brief

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Shivpal Singh v. State of U.P.

Case brief

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