Allowed

Preetam Singh v. State of U.P.

Allahabad HC16 Jun 2020BAIL/7632/2020

Case brief

AI extract

What is this about?

This judgment grants bail to Preetam Singh in a case involving kidnapping and criminal conspiracy. The court held that a co-accused was already acquitted and the applicant was falsely implicated due to a property dispute, invoking Article 21 and relevant Supreme Court precedent to allow the bail application.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7632 of 2020

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Applicant :- Preetam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Upadhyay 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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Despite time granted to the learned A.G.A.by this court no counter affidavit has been filed.

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The submission is that co-accused, Rameshwar Prasad, who was separately tired has already been acquitted by the trial court by judgment and order dated 8.8.2019.The trial of the applicant was separated .The First Information Report was lodged by real brother of the applicant on account of dispute regarding property. Applicant has been falsely implicated in this case. Applicant is in jail since 17.10.2019 and has no criminal history to his credit.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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, Preetam Singh , who is involved in Case Crime No. 241 of 2014, under Sections 364, 120-B I.P.C, Police Station-Khair , District- Aligarh, 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,

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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 :- 16.6.2020 Atul kr. sri.

Preetam Singh v. State of U.P.

Case brief

What is this about?

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Preetam Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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