Allowed

Bhupendra Alias Bhoop Singh v. State of U.P.

Allahabad HC7 Sept 2020BAIL/11796/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Bhupendra Alias Bhoop Singh in a case involving theft of jewellery and food grains. The court considered the nature of the offence, the spread of the novel corona virus, and appellant's argument of false implication before granting bail subject to conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to verification and specific conditions including cooperation in trial and no tampering of evidence.

Bhupendra Alias Bhoop Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11796 of 2020

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Applicant :- Bhupendra Alias Bhoop Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The allegation against the applicant is regarding theft of jewellery and food grains.It is submitted that applicant was not named in the First Information Report.Subsequently joint recovery of goods have been shown against the applicant and other accused.Applicant alleges false implication.He is in jail since 1.8.2019.The criminal history of the applicant has been explained in paragrsph-6 of the affidavit in support of the bail application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Bhupendra Alias Bhoop Singh, who is involved in Case Crime No. 171 of 201 (Case No. 8883 of 2019), under Sections 457, 380, 411 I.P.C, Police Station-Chhajlet , DistrictMoradabad, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.9.2020 Atul kr. sri.

Bhupendra Alias Bhoop Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhupendra Alias Bhoop Singh v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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