Allowed

Rohit Singh and Another v. State of U.P.

Allahabad HC26 Sept 2022BAIL/30994/2022

Case brief

AI extract

What is this about?

The Court allowed bail applications filed by Rohit Singh and Vijay Pratap Singh in a case involving offenses under Sections 147, 148, 324, 325, 452, 504, 506, and 308 IPC. The application was granted without expressing an opinion on the merits, imposing a bond of Rs. 50,000 each along with two sureties, subject to specific conditions to prevent tampering with evidence. No prior cases were cited.

What did the court decide?

Applicants released on bail by furnishing personal bond of Rs. 50,000/- and two sureties each in the like amount, subject to conditions against tampering and for appearing before the trial court.

Rohit Singh and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30994 of 2022

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Applicant :- Rohit Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A.,Sanjeev Kumar Rai

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the applicants, Sri Sanjeev Kumar Singh, learned counsel for the informant and learned A.G.A. for the State.

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The applicants seek bail in Case Crime No. 136 2021, under Sections 147, 148, 324, 325, 452, 504, 506, 308 I.P.C, Police Station Bairia, District Ballia.

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It is submitted by the learned counsel for the applicants that applicants have been falsely implicated in the present case and they have not committed the alleged offence. It is further submitted that general allegations have been levelled against the applicant and four other co-accused. In their statements witnesses have stated that they have not disputed the applicants and their family members. The applicants have no intention or enmity with the deceased. Post mortem injures does not support the prosecution version. It is next submitted that co-accused Tej Narayan Singh Kamlesh Singh @ Kawlesh Singh have been granted bail by this Court vide order dated 15.06.2022 passed in Criminal Misc. Bail Application No. 23771 of 2022, therrefore, applicants also entitled on the ground of parity. There is no criminal history of the applicant. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 13.06.2022, undertakes that he will not misuse the liberty, if granted.

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Learned counsel for the informant as well as learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicants.

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Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

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Let the applicants- Rohit Singh and Vijay Pratap Singh be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant swill not tamper with the evidence during the trial.

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(ii) The applicants will not influence any witness.

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

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(iv) The applicants 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 ofÏcer 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 bail cancellation application before this Court .

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Order Date :- 26.9.2022 Rmk.

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Digitally signed by RAM MURTI KUSHWAHA Date: 2022.09.28 11:15:14 IST Reason: Location: High Court of Judicature at Allahabad

Rohit Singh and Another v. State of U.P.

Case brief

What is this about?

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Rohit Singh and Another v. State of U.P.

Case brief

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What did the court decide?

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