Allowed

Kuldeep Singh v. State of U.P.

Allahabad HC10 Jul 2020BAIL/16648/2020

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant Kuldeep Singh in a trial proceeding for offences under Sections 420, 376, 406, 504, and 506 IPC. Bail was granted subject to standard conditions and a personal bond, considering the applicant's cooperation and the lack of apprehension regarding tampering or trial delay.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties with specific conditions regarding court attendance and prohibition of adjournment.

Kuldeep Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

¶1

Court No. - 72

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16648 of 2020

¶3

Applicant :- Kuldeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gopal Das Srivastava Counsel for Opposite Party :- G.A.,Ravi Prakash Singh

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard learned counsel for the applicant and learned AGA for the State.

¶6

The instant bail application has been filed on behalf of the applicant - Kuldeep Singh with a prayer to release him on bail in Case Crime No. 1165 of 2019, under Sections 420, 376, 406, 504, 506 IPC, Police Station - Kwarsi, District - Aligarh , during pendency of trial.

¶7

From perusal of the bail application and the affidavit filed in support thereof, it appears, at present:

¶8

(i) the applicant is accused of offence under Sections 420, 376, 406, 504, 506 IPC;

¶9

(ii) against FIR lodged on 28.11.2019, the applicant is in confinement since 22.01.2020;

¶10

(iii) the applicant claims to have cooperated;

¶11

(iv) as to criminal history, it has been stated that there is a single case registered against the applicant for the offence under Section 498-A and other Sections of Indian Penal Code wherein the applicant has been enlarged on bail;

¶12

(v) chargesheet has already been submitted, however, there is no hope of early conclusion of the trial.

¶13

Shri Ravi Prakash Singh, learned counsel for the informant has opposed the bail application, who would submit that the victim had lost money in order to get a job and also lost her property.

¶14

Having heard learned counsel for the parties and having perused the record, without drawing any inference as to fact and without suggesting any such inference, on prima facie basis, only for purpose of grant of bail, as submitted by learned counsel for the applicant, it is asserted that the applicant has been falsely implicated. The victim is 30 years old married lady with two children. Keeping in mind the FIR allegations, it is

¶15

submitted that she had formed consensual relationship with the applicant and that the FIR was lodged on account of other dispute between the parties.

¶16

In any case, no reasonable apprehension has been brought to the fore by the informant and/or the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial.

¶17

This Court in Criminal Misc. Bail Application No. 11973 of 2020 (Vijay Pratap Verma Vs. State of U.P.) has, while enlarging the applicant (in that case) on bail vide order dated 09.04.2020, imposed certain conditions. I am in respectful agreement with the said order and propose to follow the same.

¶18

In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Kuldeep Singh involved in the aforesaid case crime 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 which are being imposed in the interest of justice:-

¶19

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶20

(ii) 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 him under Section 229-A of the Indian Penal Code.

¶21

(iii) In case, the applicant misuses the liberty of bail during trial 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 him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶22

(iv) 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, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶23

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

¶24

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶25

(vii) 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.

¶26

In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:

¶27

" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release. "

¶28

Order Date :- 10.7.2020 AHA

Kuldeep Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay Kumar Maurya Vs State of U.P. and 3 Others

Sidhnath Chauhan and Another Vs State of U.P. and 2 Others

Kripa Shankar Tiwari Vs State of U.P. and 5 Others

Guddu Alias Navneet Vs State of U.P. and Another

Himanshu Vs State of Up

Arun Vs State of U.P.