Allowed

Ujagar Singh v. State of U.P.

Allahabad HC12 Jun 2020BAIL/9486/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 9486 of 2020, this court allowed bail for the applicant, Ujagar Singh, accused of murder under Section 302 IPC. The order was based on the finding that impugned witnesses failed to explain the injuries sustained by the applicant and the possibility of false implication. Bail was granted subject to conditions including furnishing a bond and ensuring no tamperi

What did the court decide?

Respondent released on bail on furnishing personal bond and two sureties, subject to specific conditions.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9486 of 2020

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Applicant :- Ujagar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Nanhe Lal Tripathi, counsel for the applicant and learned A.G.A for the State.

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Supplementary affidavit filed is taken on record.

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The allegation in the FIR is that the named accused person entered into the house of the applicant and caused injury by kulhadi and gaiti. The wife of the applicant died and the applicant was injured. He was taken to Manyawar Kanshiram Joint Hospital, Lalitpur where his head injury was examined and he was referred to Medical College, Jhansi. He was treated for his head injury. There was one wound caused by sharped edged weapon on his head. Subsequently, the Investigating Officer recorded the statement of Km. Sapna and Km. Sunita after 3 months and 8 days wherein they have implicated the applicant as the person who caused the death of his wife. On the basis of the aforesaid statement the applicant has been implicated in this case.

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Counsel for the applicant has submitted that the aforesaid witnesses have not explained the injury suffered by the applicant. It has further been submitted that the applicant has been falsely implicated in this case. The applicant is in jail since 18.12.2019 and has criminal history which has been explained in paragraph 2 of the supplementary affidavit filed today.

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Learned A.G.A has opposed the bail applicant, arguments advanced.

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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, Ujagar Singh , who is involved in Case

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Crime No. 93 of 2019, under Section 302 IPC, Police StationJakhaura, District- Lalitpur, 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 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 :- 12.6.2020 Rohit

Ujagar Singh v. State of U.P.

Case brief

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Ujagar Singh v. State of U.P.

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