Hon'ble Court granted bail to Ravi Singh in a criminal case involving Sections 323, 504, 506, 307, 326/34 IPC, allowing release on personal bond and sureties upon adherence to specified conditions.
Released on bail subject to executing personal bond and two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6253 of 2021
Applicant :- Ravi Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Singh,Saghir Ahmad(Senior Adv.) Counsel for Opposite Party :- G.A.,Karunesh Pratap Singh
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 225 of 2020 under Sections 323, 504, 506, 307, 326/34 IPC P.S. Kapsethi District Varanasi.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next submitted that it is a cross case in which both sides have sustained injuries and charge sheet has already been filed. It is further submitted that the alleged incident is said to have taken place on sudden provocation on a trivial issue of tying bufallo and putting a sink for feeding cattle in front of the house. It is submitted that the applicant and the informant are members of the same family but they are residing separately and due to village partibandi the applicant has been falsely implicated in the present case.
Learned counsel for the applicant further submits that coaccused Kamla Singh has already been granted bail by this Court vide order dated 18.3.2021 passed in Criminal Misc. Bail Application No.4584 of 2021. Submission is that the case of the applicant is not on worse footing than that of co-accused who has already been released on bail, and therefore, on principles of parity also the applicant should be released on bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also
been pointed out that the accused is not having any criminal history and he is in jail since 20.9.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Ravi Singh involved in Case Crime No.225 of 2020 under Sections 323, 504, 506, 307, 326/34 IPC P.S. Kapsethi District Varanasi be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) 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
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.6.2021 SP
2 issues framed by the court
whether the applicant is eligible for release on bail given the allegations of false implication and pendency of trial
whether grounds of tampering with evidence exist warranting denial of bail
Colour shows how this judgement treated each authority
Dataram Singh vs. State of UP and anotherReferred¶12
Dataram Singh vs. State of UP and another, (2018) 3 SCC 22 · Who else cites this
Ravi Singh
State of U.P.
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shamim Ahmed
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