Allowed

Latoori Singh @ Tulla v. State of U.P.

Allahabad HC9 Jun 2022BAIL/23312/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a rape-related case, relying on the precedent of a similarly placed co-accused being released on bail. The court imposed strict conditions regarding court appearances and witness tampering.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

Latoori Singh @ Tulla Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23312 of 2022

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Applicant :- Latoori Singh @ Tulla Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Prasad Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0196 of 2021, under Sections 376D, 506 I.P.C., Police Station Dauki, District Agra.

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Learned counsel for the applicant submits that as per statement of the victim recorded under Sections 161 and 164 Cr.P.C. similar allegation has been levelled against the applicant and co-accused Bhoora @ Brajesh who has been enlarged bail by a co-ordinate Bench of this Hon'ble Court, vide order dated 3.3.2022 in Criminal Misc.Bail Application No.50995 of 2021. Applicant's case is at par with the co-accused enlarged on bail. He next submits that applicant has no criminal history. He further submits that applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of identically placed co-accused on bail, without expressing any opinion on the merit of the case, the applicant Devendra Singh is entitled for bail, let applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) 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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(iii) 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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(iv) 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, 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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(v) 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 :- 9.6.2022

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m.a.

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Digitally signed by MOHAMMAD AYYUB Date: 2022.06.10 17:41:48 IST Reason: Location: High Court of Judicature at Allahabad

Latoori Singh @ Tulla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Latoori Singh @ Tulla v. State of U.P.

Case brief

What is this about?

What did the court decide?

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