Allowed

Ashwani Kumar Singh Alias Rishu v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC3 Jun 2022/5707/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a dacoity case (Section 402 IPC). The court observed that a co-accused was already on bail and allowed the pasting of grounds to be made out within the case facts.

What did the court decide?

Applicant released on bail with personal bond and two reliable sureties subject to specific conditions including attendance and non-interference with evidence.

Ashwani Kumar Singh Alias Rishu Vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5707 of 2022

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Applicant :- Ashwani Kumar Singh Alias Rishu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nagendra Singh Counsel for Opposite Party :- G.A

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Nagendra Singh, learned counsel for the applicant and Sri Arun Kumar Pandey, learned A.G.A. for the State and perused the record.

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By means of the instant application, the applicant- Ashwani Kumar Singh@ Rishu is seeking bail in Case Crime No. 172 of 2022, under Section 402 I.P.C., Police Station- Gosaiganj, District- Lucknow during pendency of the trial.

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The aforesaid case has been instituted on the basis of the F.I.R. No. 172 lodged by the Inspector In-charge in Police StationGosaiganj, District- Lucknow on 18.04.2022, alleging that the applicant along with six other persons was caught on 16.04.2022 near Purwanchal Express Way, Sultanpur Road Toll Plaza while aforesaid persons were making plans for committing dacoity and a sum of Rs. 420/- was recovered from the pocket of the applicant's pants.

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The learned counsel for the applicant submitted that one of the co-accused, Suraj Mishra has been granted bail by means of the order dated 27.05.2022 passed by this Court in Criminal Misc. Bail Application No. 5446 of 2022.

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He further submitted that in Case Crime No. 156 of 2022, under Sections 395, 412 & 414 I.P.C. Police Station- Gosaiganj, District- Lucknow, which has also been registered on the basis of the same alleged incident, the applicant has been granted bail by means of the order dated 31.05.2022 passed by this Court in Criminal Misc. Bail Application No. 5633 of 2022.

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The learned counsel for the applicant further submitted that other than the aforesaid case, the applicant has no prior criminal history. He has undertaken that he will not escape from the process of law and will not make any attempt to interfere with the prosecution evidence in case he is enlarged on bail. The applicant is languishing in jail since 18.04.2022.

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The learned A.G.A. opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Keeping in view the aforesaid facts, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of trial.

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Let the applicant- Ashwani Kumar Singh @ Rishu be released on bail in the aforesaid Case Crime Number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) The applicant shall attend the proceedings of the case in accordance with the conditions of the bonds to be executed by him.

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(2) The applicant shall not commit any offence.

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(3) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(4) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(5) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 3.6.2022 Aditya

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Digitally signed by ADITYA KUSHWAHA Date: 2022.06.03 17:17:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ashwani Kumar Singh Alias Rishu v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Ashwani Kumar Singh Alias Rishu v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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