Allowed

Saurabh Singh v. State of U.P.

Allahabad HC24 May 2022/13633/2021

Case brief

AI extract

What is this about?

The Single Judge Grand Court of Allahabad allowed a bail application under Section 439 CrPC. Considering the applicant is a student and the prosecutrix is a married woman with two children, the court granted bail on surety bond.

What did the court decide?

Released on bail furnishing personal bond and two local and reliable sureties each in the like amount subject to specific conditions regarding court attendance and conduct.

Saurabh Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13633 of 2021

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Applicant :- Saurabh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

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By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0395 of 2021, under Sections 328, 420, 376, 406 and 506 IPC lodged at Police Station Krishna Nagar, District Lucknow.

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The accused-applicant is a student, who has done B.Sc; he was preparing for competitive examination; he entangled with the prosecutrix, aged 36 years, having two children;

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Learned counsel for the accused-applicant has placed on record, along with the bail application, some whatsapp messages exchanged between the prosecutrix and the accusedapplicant. It is further submitted that the infatuation and physical attraction has not only destroyed the accused-applicant but has put the prosecutrix in a great difficulty and, both of them would face consequence in future as well. It is further submitted that father of the accused-applicant has disowned the accused-applicant for this reason as he got entangled with a married woman having two children. It is further submitted that the accused-applicant has been languishing in jail since 19.09.2021.

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Looking at the facts and circumstances of the case, age of the prosecutrix and her marital status and having two children and the accused-applicant being a student, who supposed to pursue his career to make his future, this Court finds it appropriate to enlarge the accused-applicant on bail.

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Let applicant- Saurabh Singh , accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

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(i) the applicant(s) shall file an undertaking to the effect that he shall not seek any

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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 applicant(s) shall remain present before the trial court on each date fixed, either personally or through his 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 applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 24.5.2022 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.05.24 18:09:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saurabh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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