Allowed

Harpal Singh v. State of Up

Allahabad HC12 Oct 2020BAIL/16049/2020

Case brief

AI extract

What is this about?

High Court at Allahabad granted interim bail to Harpal Singh in a criminal trial for cheating and robbery offences. The release was conditioned on the normal functioning of courts being restored, requiring sureties later.

What did the court decide?

Accused released on bail with a personal bond and two sureties to be furnished within a month of normal court functioning; must not tamper with evidence or commit further crimes.

Harpal Singh Vs State of Up — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16049 of 2020

¶3

Applicant :- Harpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.,Alok Tiwari

¶4

Hon'ble Siddharth,J.

¶5

List has been revised.

¶6

No one has put in appearance.

¶7

This is second bail application of the applicant.

¶8

Heard Sri Ghanshyam Das Mishra, counsel for the applicant, Sri Alok Tiwari, learned counsel for the informant and learned A.G.A for the State.

¶9

The first bail application was rejected by this court on 12.12.2019. The fresh ground for filing the second bail application is that co-accused, Taranjot Singh, has been subsequently enlarged on bail on 18.12.2019 by this court vide Crl. Misc. Bail Application No. 37280 of 2019. The applicant claims parity.

¶10

This bail application has been preferred by the accusedapplicant, Harpal Singh , who is involved in Case Crime No. 336 of 2018, under Sections - 420, 364A, 392, 323, 342, 504 and 506 I.P.C., Police Station - Sungarhi, District - Pilibhit.

¶11

Co-accused, Taranjot Singh, has already been granted bail vide order dated 18.12.2019 passed in Criminal Misc. Bail Application No. 37280 of 2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 22.09.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶12

Let applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

¶13

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

¶14

investigation or trial.

¶15

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

¶16

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

¶17

The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 229-A of the Indian Penal Code;

¶18

In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 174-A of the Indian Penal Code.

¶19

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

¶20

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.

¶21

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.

¶22

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

¶23

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.

¶24

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

¶25

Trial court will make all efforts to conclude the trial against the applicant within a period of one year.

¶26

Order Date :- 12.10.2020 Rohit

Harpal Singh v. State of Up

Case brief

What is this about?

What did the court decide?

Harpal Singh v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Vs State of U.P.

Bharat Kumar Rai Vs State of U.P.

Sanjeev Chauhan Vs State of U.P.

Babloo @ Pradeep Vs State of U.P.

Rajeev Sachan Vs State of U.P.

Karan @ Karan Singh Vs State of U.P.