Hari Singh v. State of U.P.
Case brief
What is this about?
Court allowed bail to applicant Hari Singh, accused of murder and affray, noting his co-accused had already been enlarged and the applicant had no prior criminal antecedents.
What did the court decide?
Release on bail with personal bond and two heavy sureties subject to conditions against tampering with evidence and intimidating witnesses.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31821 of 2022
Applicant :- Hari Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Girish Kumar Yadav,Mayank Yadav,Vivek Kumar Singh
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant and Sri Mayank Yadav, learned counsel for the complainant 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 for causing injuries to Veerpal who succumbed to injuries later on. Further submitted that this applicant was named in the F.I.R. alongwith 9 other co-accused persons with allegation of making assault with danda. Further submitted that in the statement of eye-witness Premwati it has been made clear that co-accused Dinesh and this applicant had committed no offence but both these persons were named by the informant without any base. It is also submitted that co-accused Dinesh has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 05.09.2022 passed in Criminal Misc. Bail Application No.31153 of 2022. The case of this applicant is on similar footing to that of aforesaid co-accused. There is no criminal antecedent against the applicant and he is in jail since 23.06.2022, 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 counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not distinguish the case of this applicant to that of co-accused Dinesh.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given his co-accused has been granted bail and the allegations against him are similar.
Whether the applicant has made out a case for bail without determining the merits of the charges.
Parties & counsel
- applicant
Hari Singh
- respondent
State of U.P.
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/31821/2022
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