Allowed

Prem Singh v. State of U.P.

Allahabad HC29 Sept 2020BAIL/23979/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Prem Singh, in a criminal case involving robbery and related offenses. The court adhered to the constitutional rights and a Supreme Court precedent, imposing specific conditions on the bail order subject to the restoration of normal court functioning.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, subject to specific conditions regarding court functioning and trial cooperation.

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

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23979 of 2020

¶3

Applicant :- Prem Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ahmad Ali Siddiqui,Mohammad Abid Ali Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

The instant bail application has been filed on behalf of the applicant, Prem Singh, with a prayer to release him on bail in Case Crime No. 51 of 2020 under Sections 394, 411, 406, 420, 467, 468, 471 I.P.C., Police Station- Izzatnagar, DistrictBareilly, during pendency of trial.

¶7

The allegation in the F.I.R. is that the applicant along with coaccused have robbed a truck loaded with rice. After robbery, the driver of the vehicle was beaten and after tying him, the applicant and co-accused eloped with the truck. Subsequently, the applicant has been arrested along with co-accused Munna Yadav. Munna Yadav is the owner and driver of the vehicle while the applicant is stated to be the cleaner. They have sold the robbed rice in the market and recovery of money has been made from them. Learned counsel for the applicant has submitted that the applicant was only the cleaner of the vehicle and he has been falsely implicated in this case along with owner of the vehicle. He has no role in the incident. The entire liability is of the co-accused Munna Yadav. The applicant has no criminal history to his credit. He is in jail since 23.01.2020 as informed by the learned counsel for the applicant.

¶8

Learned A.G.A. has opposed the prayer for bail of the applicant.

¶9

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

¶10

satisfaction of the court concerned with the following conditions that :-

¶11

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

¶12

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

¶13

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

¶14

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.

¶15

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. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

¶16

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

¶17

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.

¶18

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

¶19

Order Date :- 29.9.2020 KS

Prem Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem 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

Rajendra Kumar Vs State of U.P.

Naresh Mandal Vs Union of India

Pramod Kumar Tyagi Vs State of U.P.

Tarun Vs State of U.P.

Shyam Sunder Singh Vs State of U.P.

Vipin Tyagi @ Amit @ Raju Vs State of U.P.