Allowed

Amit Singh v. State of U.P.

Allahabad HC8 Jul 2020BAIL/13199/2020

Case brief

AI extract

What is this about?

A single judge allowed bail to Amit Singh, charged under Sections 498-A, 304-B IPC and Dowry Prohibition Act, in an alleged burning case resulting in wife's death. The court relied on constitutional mandates and precedent, imposing standard conditions and a stay on the order's applicability until normal court functioning resumes.

What did the court decide?

Release on bail on personal bond and two sureties, subject to specified conditions pending restoration of normal court functioning.

Amit Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13199 of 2020

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Applicant :- Amit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha 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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It is submitted applicant is husband of the deceased.There are general allegations against all the family members of putting the deceased on fire which is resulted in her death.It is further submitted that deceased had affair with some other boy and she had eloped with him on 7.3.2019 and on 8.3.2019 applicant lodged N.C.R. after she eloped with Ajay Kumar.The deceased committed suicide on account of her affair with another boy.There are general allegations made by the father of the deceased against the applicant his mother, and brother that they put the deceased on fire.Co-accused, Vimla and Sumit, Singh @ Pradeep, who are assigned similar role, have already been enlarged on bail vide orders dated 13.11.2019 and11.2.2020 in Criminal Misc. Bail application Nos. 47655 and 52581 of 2019.The applicant is in jail since 5.8.2019 and has no criminal history.

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

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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, Amit Singh, who is involved in

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Case Crime No. 68 of 2019, under Sections 498-A, 304-B I.P.C, and 3/4 D.P. Act Police Station-Chavni (Cantt) , District- Kanpur nagar, 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 ofÏcial website of High Court Allahabad.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial 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 :- 8.7.2020 Atul kr. sri.

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.08 17:33:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Amit Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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