Allowed

Shivpal Singh v. State of U.P.

Allahabad HC14 Dec 2020BAIL/41948/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 376, 504, 506, and 511 IPC arising from an alleged sexual assault, the court held that prima facie a case for bail was made out. It allowed the application and released the applicant on bail subject to standard conditions including personal appearance and prohibitions on abuse of liberty.

What did the court decide?

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

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41948 of 2020

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Applicant :- Shivpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Santosh Kumar Singh,Syed Wajid Ali

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 351 of 2020 under Sections 376, 504, 506, 511 IPC, Police Station Subhashnagar, District - Bareilly with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the complainant against the accused who happens to be her father-in-law. It was alleged in the First Information Report that when she was sleeping on 15.01.2020, the present accused entered the room of her house and started misbehaving with the alleged victim and when she woke up, the accused applicant ran away. This is the simple allegation in the First Information Report.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case due to property dispute in the family and the report of this incident was lodged by the husband of the victim, who is the son of the present accused applicant. Learned counsel has further submitted that there is nothing in the medical examination report supportive of the allegation made in the First Information Report. Lastly, it is argued that the applicant is in jail since 12.08.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. as well as Shri Santosh Kumar Singh appearing on behalf of the complainant has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Shivpal Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in

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accordance with law;

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 14.12.2020 LBY

Shivpal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivpal Singh v. State of U.P.

Case brief

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