Allowed

Lal Singh @ Aditya v. State of U.P.

Allahabad HC18 Aug 2020BAIL/21045/2020

Case brief

AI extract

What is this about?

The Court granted bail to Lal Singh @ Aditya, holding that the applicant is entitled to release on bail due to parity with a co-accused who was already granted bail by a coordinate bench, without expressing an opinion on the merits of the case. The order imposed specific conditions regarding presence, adjournment, and surrender of passport.

What did the court decide?

The applicant was released on bail furnished with a personal bond and two sureties, subject to conditions regarding court attendance and non-disposal of property.

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

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21045 of 2020

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Applicant :- Lal Singh @ Aditya Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Pankaj Kumar Gupta, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State through Video Conferencing and perused the record.

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It has been contended by the learned counsel for the applicant that the present F.I.R. was lodged against the applicant along with his real brother Jagat Singh and two others, namely, Shiv Mangal Singh and Randhir Singh. He submitted that though the two deceased died by consuming liquour, but as per postmortem report, the cause of death could not be ascertained hence viscera was preserved. He submitted that the Shiv Mangal Singh is the cousin brother of applicant, who was carrying on the business of sale and purchase of illegal liquour and the recovery of liquour in question was made from his shop and he was also arrested from the spot and he disclosed the name of applicant in his statement before the police, on the basis of which, name of applicant has been mentioned in the F.I.R. He submits that the applicant was not arrested from the spot. He further submitted that co-accused Jagat Singh has been granted bail by co-ordinate Bench of this Court vide order dated 10.7.2020 passed in Criminal Misc. Bail Application No.15308 of 2020, hence the applicant is also entitled for bail on the ground of parity. The applicant has no other reported criminal antecedent. The applicant is in jail since 25.4.2020.

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Learned A.G.A. opposed the prayer for bail but could not dispute the fact that identically situated co-accused Jagat Singh has been granted bail by co-ordinate Bench of this Court.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Lal Singh @ Aditya involved in Case Crime No.81 of 2020, under Section 188, 271, 272, 304, 420 IPC and section 60 of Excise Act, Police Station Sajeti, District Kanpur Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-

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(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.

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(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.

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(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.

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(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.

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(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.

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The case of the applicant is distinguishable from co-accused Shiv Mangal Singh, who was arrested on the spot.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the

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said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 18.8.2020 Tamang

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Digitally signed by Justice Ramesh Sinha Date: 2020.08.18 15:40:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Lal Singh @ Aditya v. State of U.P.

Case brief

What is this about?

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Lal Singh @ Aditya v. State of U.P.

Case brief

What is this about?

What did the court decide?

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