Allowed

Bhure Singh and Another v. State of U.P.

Allahabad HC16 Jul 2021BAIL/22750/2021

Case brief

AI extract

What is this about?

This bail application was allowed to Bhure Singh and Hukum Singh in a prosecution case under various IPC sections. The High Court granted bail on the grounds that a co-accused was already enlarged and the applicants posed no flight risk, subject to strict conditions regarding appearance and non-interference with witnesses.

What did the court decide?

Released on bail on personal bond and two local sureties each, subject to conditions regarding attendance and conduct.

Bhure Singh and Another Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22750 of 2021

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Applicant :- Bhure Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Shukla,Sunil Kumar Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Learned counsel for the applicant is permitted to incorporate correction in the bail application and in the affidavit filed in support of bail application.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.138 of 2021, under 147, 148, 149, 188, 269, 270, 307, 332, 336, 353, 427 IPC, 7 Crl. Law Amendment Act, 135 Lok Pratinidhitva Act, 1950, 1951, 1989 and 3 Mahamari Act, P.S. Naujheel, District Mathura.

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Learned counsel for the applicant submits that 23 persons were named in the FIR and applicant is not named in the FIR. He further submits that co-accused Vikas was also not named in the FIR., has been enlarged on bail in Criminal Misc. Bail Application No. 22884 of 2021 vide order dated 01.07.2021, therefore, applicant is entitled for bail on the ground of parity. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 20.04.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Bhure Singh and Hukum Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and

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two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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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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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 16.7.2021 MAA/-

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Digitally signed by Justice Ali Zamin Date: 2021.07.19 11:41:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Bhure Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhure Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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