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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Kuldeep Singh in Case Crime No. 990 of 2019 (Sections 323, 364, 342, 332, 34 IPC, P.S. Muradnagar, District Ghaziabad) on furnishing a personal bond and two sureties each in the like amount, subject to conditions of attending and cooperating with trial, not tampering with witnesses, and not indulging in illegal activities; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Kuldeep Singh, alleged to have been falsely implicated due to ulterior motive, is entitled to be released on bail in Case Crime No. 990 of 2019 under Sections 323, 364, 342, 332, 34 IPC, P.S. Muradnagar, District Ghaziabad. +1 more

Court's answer

Having heard both sides and considering the nature of accusation, severity of punishment, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, the mandate of Article 21 of the Constitution and the dictum in Dataram Singh v. State of U.P., and without expressing any opinion on the merits, the Court found it to be a case of bail.

Ratio / Principle

Applicant Kuldeep Singh directed to be released on bail in Case Crime No. 990 of 2019 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he attend and cooperate with trial proceedings, not tamper with witnesses, and not indulge in illegal activities during the bail period.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶13
The observations, if any, made in the order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.obiter¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) allowed the bail application of Kuldeep Singh in Case Crime No. 990 of 2019 under Sections 323, 364, 342, 332, 34 IPC, P.S. Muradnagar, District Ghaziabad. Counsel urged false implication due to ulterior motive and parity with co-accused Ashish Pal and Amit Khari, already enlarged on bail by another Bench vide orders dated 8.6.2020 and 29.7.2020 in Criminal Misc. Bail Application Nos. 9695 of 2020 and 2707 of 2020; applicant in jail since 26.11.2019 with no criminal history. Relying on the dictum in Dataram Singh v. State of U.P., (2018) 2 SCC 22, and the mandate of Article 21 of the Constitution, and without expressing any opinion on the merits, the Court found it a case of bail: release on personal bond and two sureties each in the like amount, subject to conditions of attending trial, not tampering with witnesses and abstaining from illegal activities, breach of which shall be a ground for cancellation of bail. Observations confined to disposal of the bail application only.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6658 of 2020

Applicant :- Kuldeep Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajesh Kumar Pandey,Jitendra Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that Ashish Pal and Amit Khari have been granted bail by another Bench of this Court vide orders dated 8.6.2020 and 29.7.2020 passed in Criminal Misc. Bail Application Nos.9695 of 2020 and 2707 of 2020, a copy of said orders have been produced by learned counsel for the applicant today in the Court which is taken on record and the case of the applicant stands on identical footings. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 26.11.2019. It has been pointed out that the applicant has no criminal history.

Learned A.G.A. has vehemently opposed the prayer.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

Let applicant- Kuldeep Singh , be released on bail in Case Crime No.990 of 2019, under Sections- 323, 364, 342, 332, 34 I.P.C., Police Station- Muradnagar, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

He will not tamper with the witnesses.

He will not indulge in any illegal activities during the bail period.

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

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

Order Date :- 28.9.2020 Dev/-