Allowed

Ajeet Singh v. State of U.P.

Allahabad HC7 Oct 2021BAIL/27541/2021

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a criminal matter involving Sections 420, 467, 468, 471 and 120B IPC. The court relied on the principle of parity with a co-accused and considerations of jail overcrowding during the pandemic, invoking Article 21 and the Dictum of Dataram Singh.

What did the court decide?

The applicant Ajeet Singh was released on bail with a personal bond and two sureties, subject to specific conditions including attendance and non-interference with witnesses.

Ajeet Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27541 of 2021

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

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the coaccused Ramesh Chand Pandey having similar role has been granted bail by this Court vide order dated 22.04.2020 in Criminal Misc. Bail Application No. 8397 of 2020, a copy of said order has been annexed as Annexure No. 14 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 19.02.2018. Criminal history of the applicant has properly been explained in para 23 and 24 to the affidavit filed in support of bail application.

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Learned A.G.A. has vehemently opposed the prayer.

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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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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Ajeet Singh , be released on bail in Case Crime No. 76 of 2016, under Sections- 420, 467, 468, 471 and 120B IPC, Police StationBaragaon, District- Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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

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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 :- 7.10.2021 Arti

Ajeet Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajeet Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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