Hamveer Singh Vs State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21010 of 2022

Applicant :- Hamveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Rang Patel Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard Sri Ram Rang Patel, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.214 of 2021, under Sections 392, 411/34 I.P.C., Police Station-Hathras Gate, District-Hathras.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is false, vague and planted. There is no independent witness of the alleged recovery. Learned counsel for the applicant further submits that the applicant has criminal history of three cases which have been explained in para 5 of supplementary affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 04.07.2021.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case

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of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Hamveer Singh be released on bail in the aforesaid case crime 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 12.9.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.09.12 17:43:48 IST Reason: Location: High Court of Judicature at Allahabad

Hamveer Singh v. State of U.P.

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Hamveer Singh v. State of U.P.

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