Single Judge Court granted bail to Ashok Pal Singh in a criminal embezzlement case, imposing personal and surety bonds with specific conditions, referencing Supreme Court mandate.
Release on bail on personal bond and two sureties with conditions regarding evidence tampering and trial cooperation.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23810 of 2020
Applicant :- Ashok Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Nazrul Islam Jafri, learned Senior Counsel assisted by Sri Sadaful Islam Jafri, learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Ashok Pal Singh, with a prayer to release him on bail in Case Crime No. 436 of 2018, Criminal Case No.2245 of 2020, under Sections 406, 409 IPC, Police Station Wazirganj, District- Budaun, during pendency of trial.
Allegation against the applicant is that he has embezzled public money. Learned Senior Counsel for the applicant has submitted that applicant has withdrawn Rs.5,99,800/while in service. He has further submitted that applicant has already retired from the service in the year 2017. During his service, he requested the employer to adjust the aforesaid amount from his post retirement dues and after his retirement, he has been implicated. Learned Senior Counsel has submitted that applicant is hospitalized in jail hospital. He was not given any opportunity of hearing before implicating him in the present case. He has criminal history of two cases explained in paragraph No.24 of the affidavit in support of the bail application and is in jail since 16.01.2020.
Learned AGA has opposed the prayer for bail of the applicant.
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 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.8.2020 Ruchi Agrahari
1 issue framed by the court
Whether the applicant entitled to release on bail in a criminal case under Sections 406 and 409 IPC.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ashok Pal Singh
State of U.P.
Siddharth
As recorded by the court registry
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