Allowed

Devendra Singh v. State of U.P. through Secretary Home at Lucknow

Allahabad HC26 Jul 2022BAIL/1476/2022

Case brief

AI extract

What is this about?

The Court allowed a second bail application filed by the applicant, Devendra Singh, relying on the principle of parity. A co-accused in the same case had already been granted bail by a coordinate bench. The Court imposed specific conditions regarding evidence tampering, attendance, and mandatory presence for trial stages.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount with conditions: no tampering, no victim harassment, attendance at all dates, no adjournments, and presence during ca

Devendra Singh Vs State of U.P. through Secretary… — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1476 of 2022

¶3

Applicant :- Devendra Singh Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Deepak Kumar Singh,Varad Nath Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

Heard Sri Deepak Kumar Singh and Sri Varad Nath learned counsels for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the material on record.

¶6

Learned counsel for the applicant has served a copy of the paper-book to learned counsel for the State today in Court.

¶7

This is second bail application of the applicant.

¶8

The first bail application of the applicant was rejected by this Court vide order dated 23.07.2021 passed in Criminal Misc. Bail Application No. 11052 of 2021 (Devendra Singh vs. State of U.P.).

¶9

This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Devendra Singh , seeking enlargement on bail during trial in connection with Case Crime No. 450 of 2020, under Sections 420, 406, 323, 506, 376-D, 508 I.P.C., registered at Police Station Pallavpuram, District Meerut.

¶10

Learned counsel for the applicant argued that co-accused Sant Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 25.11.2021 passed in Criminal Misc. Bail Application No. 5863 of 2021, the copy of the said order is annexed as Annexure-10 to the affidavit. It is argued that the case of the applicant is at par with that of co-accused Sant Kumar who has been granted bail. The applicant has no criminal history as stated in para 20 and is in jail since 20.12.2020. Bail is being pressed on the ground of parity.

¶11

Per contra , learned counsel for the State opposed the prayer for bail but could not dispute the fact that co-accused Sant Kumar has been granted bail by a coordinate Bench of this Court.

¶12

After having heard the learned counsel for the parties and perusing the record, it is evident that the case of the applicant is identical to that co-accused Sant Kumar. Co-accused Sant Kumar has been granted bail by a co-ordinate Bench of this Court.

¶13

Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of

¶14

tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶15

Let the applicant- Devendra Singh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶16

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶17

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶18

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

¶19

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

¶20

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

¶21

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶22

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

¶23

The bail application is allowed.

¶24

Order Date :- 26.7.2022 AS Rathore / e-court

¶25

(Samit Gopal,J.)

¶26

Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.07.27 17:13:46 IST Reason: Location: High Court of Judicature at Allahabad

Devendra Singh v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

Devendra Singh v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prakash Vs State of U.P.

Ram Charan Mishra Vs State of U.P.

Vishambhar Nath Vs State of U.P.

Abdul Hameed and Another Vs State

Munna Vs State of U.P.

Jai Jai Ram Vs State of U.P.