Allowed

Pooran Singh v. State of U.P.

Allahabad HC18 Jan 2019BAIL/2409/2019

Case brief

AI extract

What is this about?

Court granted bail to applicant Pooran Singh in a criminal case involvingSections 302, 201, 120B I.P.C., following consideration of complicities of accused, severity of punishment, and conditions of others already on bail, without commenting on merits.

What did the court decide?

Released on bail on furnishing personal bond and two sureties subject to conditions of cooperating with trial and abstaining from unlawful activities.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2409 of 2019

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Applicant :- Pooran Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Uma Dutt Shukla,Gopal Das Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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

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Learned counsel for applicant contends that applicant is not named in FIR and has been falsely implicated on the basis of statements of Lallan Singh, Kamlesh Singh and Sahdeo Singh recorded after three days of lodging of FIR; that subsequent thereto, first informant and his family members by way of improvement also made similar statements; that in statements of Lallan Singh etc. and additional statement of first informant, it is alleged that deceased was having illicit relationship with Nisha, the sister of applicant who was married to Madhav Singh in Surat, Gujarat where the deceased was working as Security Officer, and one day before recovered of dead body of deceased from Yamuna river at village Saraini applicant with his brothers and father were seen and so the finger of doubt has been raised towards them; that on 13.02.2018, applicant and co-accused Jagwati were arrested and a piece of rope was recovered at their joint pointing which has been falsely planted and of which there is no independent witness; that confessional statement of applicant in police custody is not admissible in evidence; that co-accused Jagwati Devi and Anand Singh have been granted bail by other Bench of this Court vide orders dated 11.10.2018 and 17.12.2018 passed in Criminal Misc. Bail Application Nos.38291 of 2018 and 48011 of 2018, copy filed at Annexure 15; that case applicant is identical to above co-accused persons; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 13.02.2018.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment , grant of bail to co-accused as well as totality of facts and circumstances, at this stage without

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commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Pooran Singh be released on bail in Case Crime No. 11 of 2018 under Sections 302, 201, 120B I.P.C., P.S. Sirsakalar District Jalaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 18.1.2019 M. ARIF

Pooran Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pooran 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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