Allowed

Padam Singh v. State of U.P.

Allahabad HC2 Sept 2020BAIL/6271/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 6271 of 2020 was filed by Padam Singh. The court, considering the spreading of the coronavirus, the release of a co-accused on bail, and the applicant's lack of criminal history, allowed the application while prescribing specific conditions.

What did the court decide?

Application allowed; applicant to be released on personal bond with two sureties subject to specified conditions.

Padam Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6271 of 2020

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Applicant :- Padam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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This is the second bail application.

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The second bail application no. 50754 of 2019 was rejected by this court vide order dated 20.11.2019.

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The second bail application has been moved on the ground that co-accused Krishna Kumar Mittal has already been enlarged on bail vide order dated 9.12.2019 in Criminal Misc. Bail Application No. 54605 of 2019.The applicant is also entitled for bail on the ground of parity. The applicant is in jail since 11.10.2019 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, Padam Singh, who is involved in Case Crime No. 326 of 2010, under Sections 406, 420, 467, 468, 471, 120-B I.P.C, Police StationBrahampuri , District- Meerut, 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.

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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 :- 2.9.2020 Atul kr. sri.

Padam Singh v. State of U.P.

Case brief

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Padam Singh v. State of U.P.

Case brief

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