Allowed

Bhav Singh v. State of U.P.

Allahabad HC29 Sept 2020BAIL/28211/2020

Case brief

AI extract

What is this about?

An exemption to bail order granted while courts were non-functional. The court allowed the bail application for the applicant charged under IPC 420 and SBNA 2017, releasing him on a personal bond with sureties to be furnished once courts resume normal functioning, citing larger Article 21 mandate.

What did the court decide?

The be released on bail on a personal bond alone, furnishing sureties once courts resume normal functioning.

Bhav Singh 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. - 28211 of 2020

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Applicant :- Bhav Singh 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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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Bhav Singh, with a prayer to release him on bail in Case Crime No. 275 of 2020, under Sections 420 IPC & 4/5/6 Specified Bank Notes (Cessation of Liabilities) Act, 2017, Police Station Hari Parwat, District- Agra, during pendency of trial.

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There is allegation against the applicant that he was found in possession of old currency notes of Rs.500/denomination amounting to Rs.32,70,000/-.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. Police had aforesaid currency in possession, which was shown from the applicant. The applicant is a villager. He has no criminal history to his credit and is in jail since 17.7.2020.

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Learned AGA has opposed the prayer for bail of 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 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

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

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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 :- 29.9.2020 Ruchi Agrahari

Bhav Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhav Singh v. State of U.P.

Case brief

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