Allowed

Sudhir Kumar Singh v. State of U.P.

Allahabad HC4 Jan 2019BAIL/46247/2018

Case brief

AI extract

What is this about?

Allahabad High Court, Allahabad Bench granted interim bail to Sudhir Kumar Singh in a non-bailable offence case, holding that he is entitled to release due to lack of criminal history and prima facie satisfaction by magistrates, allowing him to execute a personal bond and furnish sureties independently.

What did the court decide?

Released on bail upon executing personal bond and furnishing two sureties each

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46247 of 2018

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

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant does not run pathology centre by fabricating any document/paper. He runs poultry form which is only source of his livelihood. The direct involvement of the applicant cannot be connected with the offence in question. The main accused Sunil Kumar Saroj against whom direct allegations have been made, has already been admitted to bail by this Court vide order dated 24.10.2018 in Criminal Misc. Bail Application No.40371 of 2018, copy whereof has been annexed as annexure no.8 to the affidavit filed in support of this bail application. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any criminal history and is languishing in jail since 07.09.2018.

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Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Sudhir Kumar Singh involved in Case Crime No.586 of 2018, under Sections 379, 419, 420, 467, 468, 471 I.P.C., Police Station Gulariha, District Gorakhpur 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.

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Order Date :- 4.1.2019

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Sudhir Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhir Kumar 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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