Allowed

Atar Singh v. State of U.P.

Allahabad HC13 Feb 2019BAIL/5632/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application by Atar Singh against the State of U.P. concerning murder charges. The court allowed bail, finding the applicant a fit case, considering co-accused bail and the return to finding without commenting on case merits.

What did the court decide?

The applicant Atar Singh be released on bail in S.T. No.06 of 2019, furnishing a personal bond and two sureties, subject to conditions regarding court attendance and behavior.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5632 of 2019

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

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Hon'ble Harsh Kumar,J.

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

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Learned counsel for applicant contends that applicant has been falsely implicated for murder of Shyam Singh @ Sonu, being father of co-accused Soni; that as per averments made in FIR, deceased was called by Soni with whom he was having love affair and after calling him he was thrown into well by applicant and tau of co-accused Soni and Bhura; that no specific role has been assigned to applicant in FIR or in statement of Chhote who accompanied the deceased upto the field in which he was going to meet co-accused Soni; that applicant had no motive to cause death of deceased; that applicant did not participate in the incident in question in any manner whatsoever; that co-accused Soni and Maharaj Singh have been granted bail by this Court vide orders dated 12.12.2018 and 23.1.2019 passed in Criminal Misc. Bail Application Nos.47268 of 2018 and 46292 of 2018, copy of which has been produced for perusal and taken on record; that case of applicant is identical with Maharaj Singh; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 25.9.2018.

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Learned A.G.A. vehemently opposed the prayer of bail and contended that deceased was called by co-accused Soni in preplanned manner and was murdered by applicant and other coaccused persons by throwing him in well.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Atar Singh be released on bail in S.T. No.06 of 2019, Case Crime No.88 of 2018, under Sections 147, 302,34, 1200-B I.P.C., P.S. Kakwan, District Kanpur Nagar on

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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 co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence 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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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.

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Order Date :- 13.2.2019 Tamang

Atar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Atar 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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