Allowed

Ravi @ Rabiya Singh @ Bhupendra Singh v. State of U.P.

Allahabad HC17 Apr 2019BAIL/49618/2018

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application filed by an accused in a criminal case involving offenses under the IPC and the Explosive Substance Act. The court found it to be a fit case for bail, noting the accused was not arrested on the spot and there were no eyewitnesses to the recovery.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties in the amount satisfactory to the Magistrate/Court concerned.

Ravi @ Rabiya Singh @ Bhupendra Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 20 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49618 of 2018

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Applicant :- Ravi @ Rabiya Singh @ Bhupendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar-IX,J.

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Counter affidavit has been filed by learned A.G.A. today in the Court, is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant Ravi @ Rabiya Singh @ Bhupendra Singh , who is involved in Case Crime No. 129 of 2018, under Sections 379, 427, 411, 511 I.P.C. and Section 15(2), and 16 the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act 2011, Section 3/4 Explosive Substance Act 1908 and Section 3/4 The Prevention of Damage to Public Property Act 1984, Police Station- Thariyaon, District- Fatehpur.

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According to the prosecution version, on 20.07.2018 at 2:15 a.m. some unknown person have destroyed the pipeline and tried to take oil from Pipeline Chain No. 572.950 Km. of Barauni Kanpur Pipeline near Village Bari Buddhanpur. On 06.09.2018 accused applicant was arrested by the police near Pahur Tiraha at about 11:30 p.m. and 7-8 other person with him fled away. On searching a plastic bag was recovered from the possession of the accused applicant in which there were four nuts, four bolts, four waser (14mm), gaskit flaze, pipe, screw driver, hammer, rinch which were used by him in theft.

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It is submitted by learned counsel for applicant that applicant is innocent and he is not named in F.I.R. and was not arrested on spot. There is no eye witness of the recovery. Applicant has been falsely implicated in the present case due to conspiracy of villagers. Applicant is languishing in jail since 07.09.2018.

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Learned A.G.A. has opposed the prayer for bail but could not dispute that accused was not arrested on spot and there is no public witness of the recovery from the accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant Ravi @ Rabiya Singh @ Bhupendra Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 17.4.2019 Sharad/-

Ravi @ Rabiya Singh @ Bhupendra Singh v. State of U.P.

Case brief

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Ravi @ Rabiya Singh @ Bhupendra Singh v. State of U.P.

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