Allowed

Ashutosh Singh v. State of U.P.

Allahabad HC12 Sept 2019BAIL/16561/2019

Case brief

AI extract

What is this about?

This judgment grants bail to Ashutosh Singh in a crime involving kidnapping and murder. The court relied on Article 21 and a Supreme Court precedent, imposing conditions to prevent tampering with evidence and ensuring cooperation in trial.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ashutosh Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16561 of 2019

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Applicant :- Ashutosh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sanchita Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Rejoinder affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Ashutosh Singh with a prayer to release him on bail in Case Crime No. 980 of 2016, under Sections 364, 120-B IPC, Police Station Chakeri, District- Kanpur Nagar , during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted that report was lodged on 16.9.2016 by the informant alleging that her son Ravi Tiwari had gone to meet his friend on 13.9.2016 and did not returned back.In the statement recorded by the police under section 161 Cr.P.c. informant repeated the same allegation.Thereafter Writ Petition was filed before this Court for seeking direction from this court to investigating officer to investigate the case.Thereafter number of orders were passed by this Court.On 30.11.2018 an application has been made by the informant to the investigating officer naming applicant alongwith three others accuseds as persons who kidnapped her son and murdered him.It has been submitted that informant has not explained why for two years she did not disclosed the name of the applicant and three other accuseds and all of sudden why she has disclosed that the applicant and three accuseds persons were responsible for the alleged crime.Police has implicated the applicant along with three accuseds persons in this case.The allegation against the

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applicant is only based on suspicion.Criminal history of one case of the applicant has been explained in paragraph-22 of the affidavit filed in support of the application. The applicant is languishing in jail since 30.11.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India 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, let the applicant Ashutosh Singh involved in the aforesaid crime 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 with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 12.9.2019 Atul kr. sri.

Ashutosh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashutosh 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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