Allowed

Pappu Singh v. State of U.P.

Allahabad HC18 Jun 2021BAIL/22146/2021

Case brief

AI extract

What is this about?

Held that the accused applicant is entitled to bail in a case under Sections 498-A, 304-B IPC involving dowry death, considering innocence and lack of criminal history, with direction to release on personal bond and two sureties subject to specified conditions including lockdown relief.

What did the court decide?

Released on bail on personal bond with two sureties, with relaxation from sureties during lockdown due to Covid-19.

Pappu Singh Vs State of U.P. — Domestic Violence | Allahabad HC (2021)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22146 of 2021

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Applicant :- Pappu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accused-applicant - Pappu Singh, who is involved in Case Crime No. 138 of 2020, under Sections 498-A, 304-B, I.P.C. & 3/4 of D.P. Act, Police Station- Chandaus, DistrictAligarh.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the applicant is father-in-law of the deceased-Pooja; that general role has been assigned to the applicant; there there is no independent witness of the alleged incident; that as per the allegation made in the F.I.R. the deceased had been tortured by the applicant and his family members but no such information/complaint was given to police prior to the alleged incident; that as per the post-mortem report cause of death was Asphyxia as a result of hanging, no other injury except the ligature mark was found and hyoid bone was found intact; submission is that the deceased in her suicide note did not assign any role to anyone. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 18.10.2020 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.

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Let the applicant involved in the aforesaid crime 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 with the following conditions:-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a

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month after normal functioning of the courts is 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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Order Date :- 18.6.2021

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S.Verma

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Digitally signed by Justice Umesh Kumar Date: 2021.06.18 16:29:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Pappu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pappu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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