Allowed

Hariom Singh Alias Bholi v. State of U.P.

Allahabad HC8 Sept 2020BAIL/26055/2020

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Hariom Singh Alias Bholi accused of cheating offences. Relieving bail pending the restoration of court functioning and subject to conditions, permitting the execution of orders without sureties temporarily.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties (to be verified) subject to specified conditions, effective after short term bail period.

Hariom Singh Alias Bholi Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26055 of 2020

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Applicant :- Hariom Singh Alias Bholi Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on Crl. Misc. Exemption Application

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The exemption application is allowed.

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Order on Crl. Misc. Bail Application

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Heard Sri Raghubir Singh, counsel for the applicant and learned A.G.A for the State.

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The allegation in the FIR is that some persons in a black car stopped the bus of the informant and demanded transit tax of Rs. 6057/- which was paid to them. When the vehicle reached the Rajasthan border the R.T.O. stopped the vehicle and then the receipt of tax of Rs. 6057/- was shown to him. The R.T.O. informed the informant that tax receipt is fake. Thereafter the informant returned back to the place of incident where no accused persons were found. The applicant along with three other accused persons was implicated in the alleged offence by the police. Nothing has been recovered from applicant. The applicant alleges false implication in this case. He is in jail since 13.07.2020 and has no criminal history to his credit.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Hariom Singh Alias Bholi , in Case Crime No. 272 of 2019, under Sections- 419, 420, 467, 468, 471 IPC,

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Police Station- Malpura, District- Agra, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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 :- 8.9.2020 Rohit

Hariom Singh Alias Bholi v. State of U.P.

Case brief

What is this about?

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Hariom Singh Alias Bholi v. State of U.P.

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