Dayaram Singh Vs State of Up — Murder and Culpable Homicide | Allahabad HC (2020)

Dayaram Singh Vs State of Up — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Release of applicant Dayaram Singh on bail in case crime No. 215 of 2019 on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence/intimidation of witnesses, sincere cooperation in trial without adjournments, no criminal activity after release, bail effective only after expiry of any short-term bail granted under the committee constituted under Supreme Court orders, and enlargement on personal bond without sureties till normal functioning of courts with sureties to be furnished within a month thereafter); breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Dayaram Singh, in custody since 3.4.2019 in case crime No. 215 of 2019, is entitled to release on bail on the ground of parity with the identically placed co-accused Yogendra, who has already been enlarged on bail by this Court.

Court's answer

Since the identically placed co-accused has already been released on bail by this Court, and without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.

Ratio / Principle

The bail application of Dayaram Singh is allowed.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to enumerated conditions including non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, abstention from criminal activity, deference to any short-term bail period, and execution of a personal bond without sureties till normal functioning of courts is restored.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.), by order dated 10.7.2020 in Criminal Misc. Bail Application No. 14540 of 2020, allowed the bail application of Dayaram Singh, accused in case crime No. 215 of 2019 under sections 147, 148, 149, 302, 452, 307, 506 and 324/34 IPC, Police Station Kotwali city, District Bijnor, who had been in jail since 3.4.2019. Bail was granted on the ground of parity, the identically placed co-accused Yogendra having been enlarged on bail by the same Court on 6.03.2020 in Criminal Misc. Bail Application No. 8465 of 2020; the Court expressly did so without expressing any opinion on the merits of the case. Release was ordered on furnishing a personal bond and two sureties each in the like amount, with conditions against tampering with prosecution evidence or intimidating/pressurizing witnesses, requiring sincere cooperation in trial without seeking adjournments, and abstention from criminal activity. Where the applicant had been enlarged on short-term bail under the committee constituted pursuant to Supreme Court orders, the bail was to take effect only after expiry of the short-term bail period. Pending restoration of normal functioning of courts, the applicant was to be enlarged on execution of a personal bond without sureties, with sureties to be furnished within a month thereafter; breach of any condition was made a ground for cancellation of bail.

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14540 of 2020

Applicant :- Dayaram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar,Anuj Srivastava,Gaurav Kakkar Counsel for Opposite Party :- G.A.,Anand Prakash Dubey

Hon'ble Siddharth,J.

Order on the Exemption Application

Application is allowed.

Order on the Bail Application

The co-accused, Yogendra, has been enlarged on bail vide order dated 6.03.2020 in Criminal Misc. Bail Application No.8465 of 2020 The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 3.4.2019.

Considering the fact that the identically placed coaccused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

Let the applicant, Dayaram Singh, involved in case crime No. 215 of 2019, under sections 147, 148, 149, 302, 452, 307, 506. 324/34 I.P.C, Police Station Kotwali city, District Bijnor 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 that :-

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

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

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

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.

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.

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

7.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.

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

Order Date :- 10.7.2020 Atul kr. sri.

Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.10 17:36:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad