Allowed

Astabhuja Singh v. State of U.P.

Allahabad HC12 Feb 2020BAIL/5351/2020

Case brief

AI extract

What is this about?

A single-bench bail application filed by Astabhuja Singh in a murder case under Sections 302 and 307 IPC. The High Court granted bail subject to strict conditions mandating appearance for specific trial stages and prohibiting misuse of liberty.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to ten specific conditions regarding court attendance, non-tampering with evidence, and appearance during specific trial stages.

Astabhuja Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5351 of 2020

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Applicant :- Astabhuja Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Anand Pati Tiwari, Advocate holding brief of Sri Pandey Balkrishna, learned counsel for the applicant and the learned A.G.A.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Astabhuja Singh, seeking enlargement on bail during trial in connection with Case Crime No. 219 of 2019, under Sections 147, 149, 302, 323, 307, 504, 506, 452 I.P.C., registered at P.S. Khajani, District Gorakhpur.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. As per the prosecution version an accident took place by the motorcycle of co-accused which hit the brother of the first informant and on being remonstrated all the accused persons named in the F.I.R being 10 in number surrounded the deceased and injured Sunil Nishad. The role assigned to all of the accused persons are of lathi, danda and bat. As per the post mortem report the deceased has received only one injury on his head which was the cause of death. The allegations are general in nature. The co-accused Indrajeet Singh has been granted bail vide order dated 14.01.2020 passed in Criminal Misc. Bail Application No. 1232 of 2020. The applicant is in jail since 21.10.2019 having no criminal history.

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Per contra learned A.G.A opposed the prayer for bail but could not dispute the other arguments raised by the learned counsel for the applicant.

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Let the applicant, Astabhuja Singh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when 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 accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 12.2.2020 AS Rathor

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(Samit Gopal,J.)

Astabhuja Singh v. State of U.P.

Case brief

What is this about?

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Astabhuja Singh v. State of U.P.

Case brief

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