Allowed

Shyam Sunder Singh v. State of U.P.

Allahabad HC29 Sept 2020BAIL/28766/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a theft case. The court granted bail considering the nature of the offence, lack of witness support for recovery, and the impact of the coronavirus on jail infrastructure, referencing an Apex Court precedent.

What did the court decide?

Application allowed; applicant released on bail with personal bond and two sureties subject to conditions.

Shyam Sunder 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. - 28766 of 2020

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Applicant :- Shyam Sunder Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Sharad Kumar Srivastava, counsel for the applicant and learned A.G.A for the State.

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There is allegation against unknown accused person regarding theft of a motorcycle. Subsequently, recovery was made from the applicant and he has been granted bail by the court below. Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The alleged recovery against the applicant was not supported by any public witness. The applicant is in jail since 24.06.2019 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- Shyam Sunder Singh , in Case Crime No. 300 of 2019, under Sections- 379 and 411 IPC, Police StationKotwali, District- Fatehpur, 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 :- 29.9.2020 Rohit

Shyam Sunder Singh v. State of U.P.

Case brief

What is this about?

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Shyam Sunder Singh v. State of U.P.

Case brief

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