Allowed

Arjun Singh @ Pooti Singh v. State of U.P.

Allahabad HC3 Dec 2019BAIL/53386/2019

Case brief

AI extract

What is this about?

In a bail application under Section 304 IPC, the learned Single Judge considered the applicant's plea of innocence, lack of motive, parity with a released co-accused, and absence of criminal history. The court held it to be a fit case for bail, directing the applicant to furnish a personal bond and two sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to conditions regarding tampering with evidence, intimidating witnesses, and cooperating with the trial.

Arjun Singh @ Pooti Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53386 of 2019

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Applicant :- Arjun Singh @ Pooti Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav,Shiv Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case due to village partibandi. There is no motive to commit offence in question. He further submits that there is general and vague allegation against the applicant. Assuming it to be that anything occurred on the spot, then the same can be said to be due to sudden quarrel. Offfences levelled against the applicant are not attracted in the present case. There is no specification as to whose stone hit the deceased. The co accused Pikki Lal @ Manoj Mishra having identical role has already been released on bail by another bench of this court vide order dated 16.9.2019 in Cr.Misc. Bail Application N o. 36105 of 2019, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 9.10.2019.

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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 applicant Arjun Singh @ Pooti Singh involved in Case Crime No.198 of 2019, under Section 304 IPC Police Station Rasoolabad District Kanpur Dehat be released on bail on his 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 applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution

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witnesses and he will cooperate with the trial.

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The applicant 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 applicant.

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Order Date :- 3.12.2019

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Gss

Arjun Singh @ Pooti Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arjun Singh @ Pooti Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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