Court granted bail to Harpal Singh in a criminal case involving offences under Sections 364-A, 386, 504, and 120-B IPC. Release was conditional upon furnishing a personal bond and two local sureties, subject to not tampering with evidence or witnesses.
Released on bail by furnishing a personal bond and two local sureties each of a like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15779 of 2019
Applicant :- Harpal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- G.A.,Ashish Kumar Gaur
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manish Tiwari, learned counsel for the applicant, Sri Ashish Kumar Gaur, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Harpal Singh with a prayer to enlarge him on bail in Case Crime No.371 of 2018, under Sections 364-A, 386, 504, 120-B I.P.C., Police Station Sungarhi, District Pilibhit.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the informant Randeep Singh and his friend Gurpreet Singh had given certain amount to accused Taranjot Singh, one of the accused, under the promise that the informant and his friend will be helped in getting job in Canada. It is argued that the parties have arrived at a compromise on terms and conditions that Rs.1.50 lac will be paid each, i.e., to the informant Randeep Singh and his friend Gurpreet Singh by the accused persons.
Today, two cheques bearing nos.001349 and 001347 of HDFC Bank in favour of Randeep Singh (informant) and Gurpreet Singh (his friend) issued by co-accused Gurpal Singh, have been handed over to Sri Ashish Kumar Gaur, learned counsel for the informant in the Court, which are acknowledged by him. Photocopy of the same are kept on record. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 22.09.2018. In view of the above, he requests for bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by 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 , without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 2.5.2019
Anand Sri./-
2 issues framed by the court
Whether the applicant Harpal Singh is eligible for bail considering his alleged innocence, lack of criminal history, and the existence of a compromise settlement between accused and informants.
Whether the applicant can be released on bail with conditions preventing tampering with witnesses and engaging in criminal activities.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Harpal Singh
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
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