Allowed

Brij Pal Singh v. State of U.P.

Allahabad HC2 Nov 2020BAIL/5578/2020

Case brief

AI extract

What is this about?

This court allowed a criminal bail application filed by Brij Pal Singh, an executive secretary accused of embezzling public funds. The court cited pandemic concerns in jails and Supreme Court dicta regarding Article 21 to grant bail, subject to conditions including furnishing sureties once courts resume normal functioning.

What did the court decide?

Bail allowed on personal bond with two sureties, conditional on registration and execution of order from High Court's official website, with sureties to be verified upon restoration of normal court fu

Brij Pal Singh Vs State of U.P. — Corruption | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5578 of 2020

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Applicant :- Brij Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Chaturvedi,Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Counter affidavit filed by learned A.G.A. is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. .

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There is allegation against the applicant that while working as Secretary,Sadhan Sahkari Samiti, he has embezzled public money of Rs.6,76,086.40.Learned counsel for the applicant has submitted that alleged offence was allegedly committed by the applicant in the year 2010. An ex-parte inquiry has been conducted against the applicant and on the basis of the same First Information Report has been lodged.No opportunity of hearing was given to the applicant.The inquiry committee was constituted only to save erring government servant.He has been falsely implicated in this case. The applicant is in jail since 29.9.2019 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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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, Brij Pal Singh, who is involved in Case Crime No. 26 of 2011, under Section 409 I.P.C, Police Station-Raja Ka Rampur , District- Etah, 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

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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 :- 2.11.2020 Atul kr. sri.

Brij Pal Singh v. State of U.P.

Case brief

What is this about?

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Brij Pal Singh v. State of U.P.

Case brief

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