Allowed

Bachchan Singh @ Sunil v. State of U.P.

Allahabad HC7 Nov 2019BAIL/39381/2019

Case brief

AI extract

What is this about?

Single judge order granting bail to applicant Bachchan Singh in a murder case. Court held that despite lack of early trial conclusion, applicant with no criminal history deserves release, adopting principle of presumption of innocence without determining merits.

What did the court decide?

Respondent released on bail with personal bond, two sureties, and conditions to not tamper with evidence, pressurize witnesses, and appear for trial.

Bachchan Singh @ Sunil Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39381 of 2019

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Applicant :- Bachchan Singh @ Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar,Ashok Kumar Singh,Pratibha Singh,Rajeev Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Ashok Kumar Singh, Ms. Pratibha Singh, learned counsels for the applicant as well as learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantBachchan Singh @ Sunil in Case Crime No. 35 of 2019, under Section 302 I.P.C., Police Station- Patiyali, District- Kasganj with the prayer to enlarge him on bail.

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Submission of the learned counsel for the applicant is that the applicant is wholly innocent and has not committed any crime whatsoever. It is argued that the deceased lady who was working as a cook under the contractorship of the applicant was found murdered and on the basis of some call details report that on the date of incident the applicant had some conversation with the deceased, thus, he was held up in the present case on the basis of suspicion. The first informant was examined as PW1 and has not supported the version setup in the first information report. It is argued that practically it is a case of no evidence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 6.3.2019, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Bachchan Singh @ Sunil be released on bail in

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the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 7.11.2019 Vikas

Bachchan Singh @ Sunil v. State of U.P.

Case brief

What is this about?

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Bachchan Singh @ Sunil v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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