Allowed

Amar Singh v. State of U.P.

Allahabad HC3 Dec 2020BAIL/20720/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 20720 of 2020, the High Court considered an application by Amar Singh for bail in a poisoning/narcotics case under IPC 272/273 and Excise Act 60. Relying on constitutional mandates and Dataram Singh, the court granted bail pending trial subject to conditions including furnishing a personal bond and sureties once courts resume normal functioning.

What did the court decide?

Released on bail with personal bond and two sureties to be furnished after normal functioning of courts is restored.

Amar Singh Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20720 of 2020

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Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Counter affidavit filed today on behalf of State is taken on record.

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Heard Sri Om Narayan Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 56 of 2020, under Sections 272 and 273 IPC & Section 60 of Excise Act, P.S. Shivli, District Kanpur Dehat, during pendency of trial.

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It is contended by learned counsel for the applicant that he has falsely been implicated in the present case. It is a case of manufacturing of spurious liquid. It is next contended that the applicant was named in the first information report but he was not arrested at the spot and recovery of 5 litres of spurious liquor and 1 kg urea has been shown from his possession. It is next contended that the recovery shown from his possession is totally false as there is no independent witness of the said recovery. The offence is triable by Magistrate. It lastly contended by learned counsel for the applicant that the applicant is in jail since 15.02.2020, having criminal history of three cases, which has been explained in paragraph 17 of the affidavit filed in support of bail application and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Having considered the material on record, 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, let the applicant- Amar

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Singh involved in the aforesaid 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 that :-

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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 official website of High Court Allahabad.

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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.

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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 :- 3.12.2020 Noman

Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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