In a bail application under Sections 306, 201 IPC, the High Court allowed the prayer, holding that the applicant made out a case for bail. He was released on personal bond and sureties subject to standard bail conditions.
Released on bail on furnishing a personal bond and two heavy sureties subject to standard conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15739 of 2022
Applicant :- Chaturi Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ran Vijay Singh,Ajay Srivastava Counsel for Opposite Party :- G.A.,Ganesh Mani
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated being sasur of the deceased who committed suicide by hanging. Further submitted that neither any specific role has been assigned to this applicant for instigating the deceased to commit suicide nor to conceal the dead body. It is also submitted that co-accused Mira Devi & Premshankar @ Bhola @ Mulayam have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 02.06.2022 & 09.05.2022 passed in Criminal Misc. Bail Application Nos.13020 of 2022 & 12453 o 2022 respectively. The case of this applicant on similar footing to that of aforesaid co-accused persons. There is no criminal antecedent against the applicant and he is in jail since 27.12.2021, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chaturi Singh involved in Case Crime No.168 of 2021, under Sections 306, 201 I.P.C., Police Station Bhawarkol, District Ghazipur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.8.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.08.11 14:01:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail to be released on bond and sureties due to incidental appointment and no role in instigation.
Whether the applicant satisfies the conditions of bail, including no misuse of liberty and cooperation with the trial court.
Chaturi Singh
Hon'ble Subhash Chandra Sharma, J.
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
