Allowed

Arjun @ Shan Singh v. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow

Allahabad HC22 Dec 2022/6293/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a FIR under Section 306 IPC regarding suicide. The High Court released the applicant on a personal bond and two sureties, subject to conditions to prevent abuse of liberty and ensure attendance during trial.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions for presence in court and no adjournment.

Arjun @ Shan Singh Vs State of U.P. through… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6293 of 2022

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Applicant :- Arjun @ Shan Singh

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Opposite Party :- State Of U.P. Through Principal Secretary Home, Civil Secretariat, Lucknow Counsel for Applicant :- O.P. Tiwari

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Counsel for Opposite Party :- G.A.,Mohd. Waqar,Syed Wajahat Ali @ Vijahat Ali

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Hon'ble Dinesh Kumar Singh,J.

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

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/ Case Crime No.56 of 2022, under Section 306 IPC, Police Station Makhi, District Unnao.

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The deceased committed suicide in her house by consuming poison. It is alleged that the accused-applicant enticed away the deceased on 12.3.2022. Father of the deceased found the accused-applicant and the prosecutrix together in a orchard. Father of the deceased brought her home, where she consumed poison. Two witnesses of fact, who have been examined in the court, have not supported the prosecution case and their testimony has been placed on record by way of supplementary affidavit.

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Sri Rajeev Singh, learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.

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Let applicant Arjun @ Shan Singh be released on bail in the above case crime number on his furnishing a personal bond and

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two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he 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 applicant 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 misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.

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(iv) The applicant 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 applicant 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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Order Date :- 22.12.2022 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Arjun @ Shan Singh v. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

Arjun @ Shan Singh v. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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