Allowed

Monu @ Kuldeep Singh v. State of U.P.

Allahabad HC9 Jul 2019BAIL/27168/2019

Case brief

AI extract

What is this about?

Court allowed bail to applicant Monu @ Kuldeep Singh in theft case, noting parity with co-accous admitted to bail by same court, invoking general principle that bail should be granted when no one can safely remain in jail.

What did the court decide?

Applicant released on bail by executing personal bond with two sureties and complying with conditions including not tampering with evidence and appearing when called.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27168 of 2019

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Applicant :- Monu @ Kuldeep Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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This is a bail application on behalf of the applicant Monu @ Kuldeep Singh in connection with Case Crime No.50 of 2019, under Sections 379, 411, 413, 414, 401, 34, 35, 419, 420 I.P.C., P.S. Kotwali Hamirpur, District Hamirpur.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that five persons were said to have been apprehended by the police and eight motorcycles were recovered from them, which were confessed to be stolen. He submitted that the previous criminal history of the applicant has been properly explained. He further submitted that there is joint recovery, which is not tenable in the eye of law. He submitted that the co-accused have been admitted to the concession of bail by another Bench of this Court by orders dated 16.05.2019, 30.05.2019 and 07.06.2019 passed in Criminal Misc. Bail Application No.20571 of 2019 (Kundan Nishad), 22860 of 2019 (Bali Mohammad alias Kallu) and 23723 of 2019 (Ashish Pathak @ Rishi Pathak). He claims parity. He submitted that the applicant is in jail since 02.03.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Kundan Nishad, Bali Mohammad alias Kallu and Ashish Pathak @ Rishi Pathak have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Monu @ Kuldeep Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 9.7.2019

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R./

Monu @ Kuldeep Singh v. State of U.P.

Case brief

What is this about?

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Monu @ Kuldeep Singh v. State of U.P.

Case brief

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What did the court decide?

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