Allowed

Nem Singh and Another v. State of U.P.

Allahabad HC12 Jul 2019BAIL/24098/2019

Case brief

AI extract

What is this about?

This bail application involves two accused persons charged under the Arms Act. The court rejected arguments regarding innocence and fabrication of recovery. Fixing a bond with sureties, the court released the applicants on bail without expressing an opinion on the merits of the case.

What did the court decide?

Applicants released on bail by furnishing a personal bond of Rs. 5,00,000/- and two sureties under specific conditions.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24098 of 2019

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Applicant :- Nem Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Counter affidavit filed by learned AGA is taken on record.

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Heard Mr. Binod Kumar Tripathi, learned counsel for the applicants, Mr. Gyan Narayan Kannojia, learned Additional Government Advocate for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicants that the alleged recovery of 45 country made pistols, cartridges and other equipments is false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicants. It is next contended that there is no independent witness of the alleged recovery. It is also submitted by the learned counsel for the applicants that there is criminal history of one case against the applicants, in which they are on bail. It is next contended that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicants that the applicants are in jail since 03.04.2019 and in case, they are enlarged on bail, they will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicants Nem Singh and Komal, involved in case crime No. 72 of 2019, under section 5/25 of Arms Act, police station Marhara, district Etah, be released on bail on their furnishing a personal bond of Rs. 5,00,000/- (rupees five lac) and two sureties each of like

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amount of their family members/relatives to the satisfaction of the court concerned on the following conditions that:-

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

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

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

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Order Date :- 12.7.2019 Sazia

Nem Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nem Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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