Allowed

Sandeep Kumar Singh v. State of U.P.

Allahabad HC10 Jun 2021BAIL/17491/2021

Case brief

AI extract

What is this about?

The court allowed the criminal bail application of the applicant, Sandeep Kumar Singh, who was falsely implicated in an ST_nonce_offence. Considering the lack of criminal history, existence of bail for a co-accused, and jail overcrowding due to the pandemic, the court enlarged the applicant on bail subject to specific conditions.

What did the court decide?

The applicant was released on bail in Case Crime No. 542 of 2018 by furnishing a personal bond and two sureties to the satisfaction of the court below.

Sandeep Kumar Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17491 of 2021

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Applicant :- Sandeep Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Vijay Singh Sengar, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.542 of 2018 at Police Station-Kotwali, District-Jhansi on 17.09.2018 under Sections 420, 467, 468, 469, 471 and 120-B IPC.

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The bail application of the applicant was rejected by learned Sessions Judge, Jhansi on 03.03.2021

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The applicant is in jail since 23.02.2021, pursuant to the said F.I.R.

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Sri Vijay Singh Sengar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is not named in the F.I.R. Only some of Rs.12,200/- was credited to the bank account of the applicant. It is specifically stated that the applicant had refunded the aforesaid money. The offence is of the year 2018. Coaccused-Shiv Raj Singh has been granted bail by this Court in Criminal Misc. Bail Application No.20595 of 2019 (Shiv Raj Singh Vs. State of U.P.) on

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30.05.2019. The applicant claims parity with the aforesaid co-accused for grant of bail. The applicant does not have any criminal history. Lastly it is submitted by Sri Vijay Singh Sengar, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Vijay Singh Sengar, learned counsel for the applicant and holds that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sandeep Kumar Singh be released on bail in Case Crime No.542 of 2018 at Police Station-Kotwali, District-Jhansi registered on 17.09.2018 under Sections 420, 467, 468, 469, 471

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and 120-B IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The party shall file computer generated copy of

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such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vi) 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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Order Date :- 10.6.2021 Ashish Tripathi

Sandeep Kumar Singh v. State of U.P.

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Sandeep Kumar Singh v. State of U.P.

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