Allowed

Sunil Singh v. State of U.P.

Allahabad HC22 Dec 2022BAIL/33824/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Sunil Singh in a murder trial. The applicant was accused of conspiracy in the murder of the deceased's husband. The court granted bail subject to conditions regarding court attendance, prosecution witness attendance, and penalties for misuse of bail.

What did the court decide?

Applicant directed to be released on bail on a personal bond and two local sureties subject to specific conditions of attendance and conduct during trial.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33824 of 2022

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Applicant :- Sunil Singh Opposite Party :- State of U.P. Counsel for Applicant :- Veer Bhagat Singh Kushwaha Counsel for Opposite Party :- G.A.,Shri Prakash Dwivedi

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Hon'ble Mrs. Manju Rani Chauhan,J.

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The case is taken in the revised list.

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Counter affidavit filed by learned counsel for the informant today in the Court, is taken on record.

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Office is directed to register the same.

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Heard Mr. Veer Bhagat Singh Kushwaha, learned counsel for the applicant, Mr. Shri Prakash Dwivedi, learned counsel for the informant, Mr. Rakesh Soni, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant– Sunil Singh with a prayer to enlarge him on bail in Case Crime No.63 of 2022, under Sections 302, 201, 120B I.P.C., Police Station-Lalganj, District-Mirzapur, during pendency of trial.

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As per the prosecution case, the FIR has been lodged on 22.02.2022 by the informant Rajkumari against unknown persons alleging therein that on 21.02.2022, her husband was taken away by two unknown persons on motorcycle and he did not return. Thereafter, on the next day, i.e. 22.02.2022, the dead body of the deceased was found under the wheat fodder. The FIR has been lodged under suspicion that the deceased has been murdered by someone.

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Learned counsel for the applicant submits that the applicant is not named in the FIR and has been falsely implicated in the present case due to ulterior motive. He further submits that there is no direct or circumstantial evidence against the applicant regarding his involvement in the murder of the deceased. In the statements of family members of the deceased as well as other witnesses, it has been stated that the applicant was having some friendly relations with the wife of the deceased, therefore, they have conspired to kill him. He further submits that Aadhar Card and Pan Card of the applicant were found near the dead body of the deceased, which is also a

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planted documents as it has also been stated that the applicant used to frequently sit at the shop of the deceased wherein he had left his Addhar Card and Pan Card. He further submits that the wife of the deceased Rajkumari, who was also implicated in conspiring for murder of the deceased has already been released on bail. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 24.02.2022. Accordingly, he requests for bail.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, 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 applicant involved in 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 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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(ii) 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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(iii) 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 applicants fail to appear before the court on the date fixed in such proclamation, 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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(iv) 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It goes without saying that if the prosecution witnesses are not turning up deliberately, then the court below has all the powers to adopt all the coercive measures provided under the Code in order to procure the presence of the witnesses.

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Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.

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Order Date :- 22.12.2022 Jitendra/-

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Digitally signed by :- Digitally signed by JITENDRA JITENDRA KUMAR YADAV KUMAR YADAV High Court of Judicature at AllahabadDate: 2022.12.22 19:26:30 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Singh v. State of U.P.

Case brief

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Sunil Singh v. State of U.P.

Case brief

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