Held bail applications allowed, directing release of applicant Balveer Singh on personal bond and sureties. Trial Court to expedite trial within one year under Section 309 Cr.P.C.
Release on personal bond and two sureties with trial expedited within one year.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47476 of 2019
Applicant :- Balveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No. 163 of 2019, under Sections 395 and 411 IPC, Police Station Jaithra, District Etah, applied for bail.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. It is further submitted that the applicant is not named in the FIR; his name came into light in the confessional statement of coaccused; recovery shown by the Police from the joint possession of accused persons is false and fake; there is no public witnesses. Accused-applicant is languishing in Jail since 27.06.2019. It is further contended that co-accusedSrikant has already been granted bail vide order dated 25.09.2019 passed in Criminal Misc. Bail Application No.38542 of 2019 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-Balveer Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
and argument.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. In case, trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.
Order Date :- 7.11.2019 Akram
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the allegations that they are falsely implicated and co-accused has been granted bail.
2 provisions across 2 enactments
Balveer Singh
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
