Court granted bail to applicant Surya Narayan Singh accused of offences under IPC Sections 420, 467, 468, 471 and Excise Act in Lalitpur, subject to bond and sureties with standard conditions.
Applicant released on bail on executing personal bond and furnishing two sureties with conditions to appear in trial and not tamper with witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27030 of 2019
Applicant :- Surya Narayan Singh @ Petiraja Opposite Party :- State Of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 120 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 60/63 Excise Act, P.S. Mahrauni, districtLalitpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that although the applicant was named in the first information report but he has not committed any offence and has been falsely implicated in the present case due to some ulterior motive. He was arrested by the police on the information of the 'Mukhbir Khas'. No incriminating article or material has been recovered either from the applicant's possession or on his pointing out. Further submission is that all the offences are triable by the Court of Magistrate.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 4.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity
of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Surya Narayan Singh @ Petiraja be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 120 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 60/63 Excise Act, P.S. Mahrauni, district-Lalitpur subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.7.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶8
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. · Who else cites this
Surya Narayan Singh @ Petiraja
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
