Allowed

Bharat Singh and Another v. State of U.P.

Allahabad HC15 Nov 2019BAIL/48269/2019

Case brief

AI extract

What is this about?

The High Court granted bail to two applicants accused of murder and insult under Sections 302 and 504 IPC. The court considered arguments regarding the delay in FIR, cross-versions, and lack of incriminating evidence against the old and clean-record applicants, ultimately holding it a fit case for bail.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each.

Bharat Singh and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48269 of 2019

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Applicant :- Bharat Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against four persons including the applicants making general allegation for committing marpit with the deceased with lathi and danda. No specific role has been assigned to the applicants. As per post mortem report 9 injuries have been found on the body of the deceased. Injury no. 1 is lacerated wound on head which is fatal but it is not specified as to who is the author of this injury. It has been further submitted that there is cross version of the alleged incident. One person has been died from the side of the applicants and the applicant no. 2 has sustained gun shot injury. The first information report has also been lodged by the applicant no. 1 against the persons of informant side. It has been further submitted that nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. The F.I.R. is delayed and the same has been lodged with delay of 15 hours. The applicant no. 1 is an old man aged about 70 years. There is no criminal history of the applicants and they are in jail since 13.8.2019.

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Per contra, learned AGA opposed the prayer for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicants Bharat Singh and Chandrakesh involved in Case Crime No.186 of 2019 under Section 302 and 504 IPC Police Station Dhanari District Sambhal be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.

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The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.

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Order Date :- 15.11.2019 Gss

Bharat Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bharat Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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