Allowed

Balram Singh v. State of U.P.

Allahabad HC6 Sept 2019BAIL/35272/2019

Case brief

AI extract

What is this about?

Hon'ble Ajit Singh, J. granted bail to Balram Singh, a co-accused falsely implicated in Case Crime No. 736 of 2019 under Sections 406, 420 IPC, after hearing his father and the A.G.A., noting other co-accused have already been released. Bail granted with personal bond and two sureties.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties with conditions not to tamper with evidence or witnesses, not to harass prosecution, not to commit similar offences, and not t

Balram Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35272 of 2019

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Applicant :- Balram Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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As there is strike of lawyers, no one has appeared on behalf of the applicant to argue the bail application. However, Radha Prasad Singh, father of the applicant, who is also pairokar of the affidavit accompanying the bail application has appeared in person.

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This is a bail application on behalf of the applicant Balram Singh in connection with Case Crime No.736 of 2019, under Sections 406, 420 I.P.C., P.S. Vijaynagar, District Ghaziabad.

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Heard Sri Radha Prasad Singh, on behalf of the applicant in person and learned A.G.A. for the State and perused the record.

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It has been argued that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the co-accused have been admitted to the concession of bail by this Court by orders dated 19.08.2019 and 26.08.2019 passed in Criminal Misc. Bail Application Nos.32925 of 2019 (Aman) and 34428 of 2019 (Sonu Kumar) and the role assigned to the applicant is similar to the role of the other coaccused, who have already been enlarged on bail. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 16.07.2019 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, 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 Balram 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 :- 6.9.2019 R./

Balram Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balram 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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