Narayan Singh and Another Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Narayan Singh and Another Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicants Narayan Singh and Shravan Singh in Case Crime No. 252 of 2020 on furnishing a personal bond and two sureties each in the like amount, subject to conditions; until normal functioning of the courts is restored, enlargement on personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes.

Issue for consideration

Whether the applicants Narayan Singh and Shravan Singh should be released on bail in Case Crime No. 252 of 2020 under Sections 147, 307, 504 IPC, P.S. Bilsanda, District Pilibhit, during pendency of trial.

Court's answer

Applicants Narayan Singh and Shravan Singh released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, the Court having considered the material on record, the larger mandate of Article 21 and the dictum of the Apex Court in Dataram Singh (2018) 3 SCC 22, and without expressing any opinion on the merits of the case.

Ratio / Principle

Bail granted subject to conditions: no tampering with prosecution evidence or intimidating/pressurizing of witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity after release; bail effective only after any short-term bail granted under the Supreme Court committee order comes to an end; and, until normal functioning of the courts is restored, enlargement on execution of personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶19

Detailed headnote1 paragraphs

Bail — Sections 147, 307, 504 IPC — Case Crime No. 252 of 2020, P.S. Bilsanda, District Pilibhit — applicants Narayan Singh and Shravan Singh in jail since 16.08.2020 with one criminal case explained in supplementary affidavit — per injured's statement only the role of abusing attributed to the applicants, firing attributed to Karmajit Singh @ Faishan and catching hold to co-accused Alamjeet — heavy pendency, no likelihood of early conclusion of trial — relying on the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and the larger mandate of Article 21 of the Constitution, and without expressing any opinion on merits, bail granted on personal bond and two sureties each, subject to conditions (no tampering with evidence/witnesses, cooperation in trial, no criminal activity, bail effective after any short-term bail under Supreme Court committee order ends) — COVID-19 measure: enlargement on personal bond without sureties till normal court functioning restored, sureties within a month thereafter — breach of conditions a ground for cancellation of bail.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36298 of 2020

Applicant :- Narayan Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,Jitendra Kumar Yadav

Hon'ble Rajiv Joshi,J.

Supplementary affidavit filed today on behalf of applicants is taken on record.

Heard Sri Santosh Kumar Shukla, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 252 of 2020, under Sections 147, 307, 504 IPC, P.S. Bilsanda, District Pilibhit, during pendency of trial.

It is contended by learned counsel for the applicants that they have falsely been implicated in the present case due to ulterior motive. As per the statement of the injured, the role for abusing has been assigned to the applicants and main role for firing has been assigned to Karmajit Singh @ Faishan. The role of catching hold has been assigned to the co-accused Alamjeet. It is lastly contended by learned counsel for the applicant that applicants are in jail since 16.08.2020, having criminal history of one case, which has been explained in paragraph 3 of the supplementary affidavit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicants are entitled for indulgence.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.

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 applicants- Narayan Singh and Shravan Singh involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of

the court concerned with the following conditions that :-

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

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

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

In case the applicants hve been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.

The applicants 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.

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

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.

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

Order Date :- 8.12.2020

Noman