Allowed

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

Allahabad HC16 Aug 2022BAIL/33206/2022

Case brief

AI extract

What is this about?

Court granted bail to Ashwani Singh and Suman Singh in Case Crime No. 3 of 2021 involving Sections 308, 323, 504, 506 IPC. The court observed cross-versions, injuries to both parties, and no criminal history, relying on Article 21 and recent Supreme Court dicta without expressing an opinion on merits.

What did the court decide?

Applicants released on bail on personal bond and two sureties subject to conditions regarding presence in court, cooperation in trial, non-interference with witnesses, and no further criminal activity

Ashwani Singh and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33206 of 2022

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Applicant :- Ashwani Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar,Naveen Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned A.G.A.

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The instant bail application has been filed on behalf of the applicants, Ashwani Singh, and Suman Singh, with a prayer to release them on bail in Case Crime No. 3 of 2021, under Sections 308,323,504,506 IPC Police Station Ubhav, District- Ballia, during pendency of trial.

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Submission is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The applicants are in jail since 22.6.2022 and have no criminal history to their credit.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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.

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Let the applicants be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be

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verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That the applicants shall not, directly or indirectly, make any 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 or to any police ofÏcer;

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The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.

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The applicants 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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.8.2022

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Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.16 17:43:49 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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