Allowed

Driver Pooran Singh v. State of U.P.

Allahabad HC23 Jan 2019BAIL/7514/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7514 of 2018, the Court granted bail to applicant Pooran Singh charged under IPC Sections 302, 307, 147, 148, 149, 34, 506, and CrPC Section 506, contingent upon personal bond and sureties and adherence to trial conditions.

What did the court decide?

Bail granted to the applicant on furnishing a personal bond and two sureties each, subject to conditions for trial cooperation.

Driver Pooran Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7514 of 2018

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Applicant :- Driver Pooran Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Kaushal Upadhyay,M.P.S. Chauhan,Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Neeraj Kumar Sharms

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Hon'ble Harsh Kumar,J.

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Heard Sri Vijay Kumar Dwivedi, learned counsel for applicant, Sri Neeraj Kumar Sharma, learned counsel for first informant, learned A.G.A. and perused the record.

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Learned counsel for applicant contends that applicant has been falsely implicated along with co-accused persons; that in FIR, no specific role has been assigned to applicant for causing injury to Devendra deceased; that real fact is that on the date and time of incident, Satyaveer Singh with his family members had gone to Arvarat bank where, first informant and his associates were ambushing since before, and by indiscriminate firing caused death of Satyaveer Singh of which FIR was lodged by Sudha Devi, widow of Satyaveer Sing of Case Crime No. 297 of 2017; that there is no incriminating evidence against applicant and nothing is alleged to have been recovered from him; that first informant and his associates were aggressors, and applicant was not at all involved in the incident in question; that moreover, applicant is a driver and has not been assigned with the role of firing; that case of applicant is identical with coaccused Hoti Lal who has been granted bail by other Bench vide order dated 19.03.2018 passed in Criminal Misc. Bail Application No. 10164 of 2018; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 28.07.2017.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, version and cross version of cross FIRs, 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 Driver Pooran Singh be released on bail

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in Case Crime No. 180 of 2017 under Sections 147, 148, 149, 307, 302, 506, 34 I.P.C. and Section 7 Criminal Amendment Act, P.S. Palimukeempur District Aligarh 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 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 :- 23.1.2019 M. ARIF

Driver Pooran Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Driver Pooran 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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