Allowed

Pawan Singh v. State of U.P.

Allahabad HC18 Jan 2020BAIL/1469/2020

Case brief

AI extract

What is this about?

The application for bail was entertained by the High Court. Upon hearing the counsel for the applicant who submitted that the case was against co-accused and the applicant has no prior history, the High Court was of the view that the applicant is entitled to be released on bail without expressing any opinion on merits.

What did the court decide?

The applicant Pawan Singh was released on bail on personal bond and two sureties with conditions to not tamper with evidence, intimidate witnesses, and appear in court.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1469 of 2020

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Applicant :- Pawan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Mishra,Neeraj Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri A.N. Mishra, learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 172 of 2019, u/s 307, 302, 147, 148, 149, 323, 120-B IPC, P.S. Bar, District Lalitpur with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the applicant and nine others are nominated in the F.I.R. regarding an incident, which took place at the spur of moment. According to F.I.R., role of firing on the deceased has been attributed to co-accused Raja Sahab and Ram Gopal and even in the post mortem report solitary gunshot injury has been noted. It has been argued that general role has been assigned to the applicant and other co-accused, out of them co-accused Pahalwan Singh, Chaliraja Alias Maharaj Singh and Raja Sikandar have been granted bail by another Bench of this Court in Bail Application nos. 56503 of 2019, 726 of 2020 and 100 of 2020 vide orders dated 8.1.2020, 13.1.2020 and 13.1.2020 respectively. The applicant has no criminal history.

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Learned A.G.A. has opposed the prayer for bail and submitted that case of the applicant is distinguishable from that of co-accused Raja Saheb. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Pawan Singh involved in the aforesaid case crime number 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 18.1.2020 Dhirendra/

Pawan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan 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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