Allowed

Surjeet Singh v. State of U.P.

Allahabad HC9 Nov 2022BAIL/36649/2022

Case brief

AI extract

What is this about?

Honble Shekhar Kumar Yadav granted bail to Surjeet Singh, accused in dowry death and cruelty cases, finding it a fit case without commenting on merits, subject to conditions including filing an undertaking and appearing before the trial court.

What did the court decide?

Release on bail by personal bond and two sureties subject to specific conditions, including attending trial dates and filing an undertaking.

Surjeet Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36649 of 2022

¶3

Applicant :- Surjeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Dixit,Jitendra Kumar Counsel for Opposite Party :- G.A.,Ram Om Vikram Singh Chauhan

¶4

Hon'ble Shekhar Kumar Yadav,J.

¶5

Heard learned counsel for the applicant, learned AGA for the State and Sri Ram Om Vikram Singh Chauhan, learned counsel for the complainant and perused the record.

¶6

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 182 of 2021, under Sections 498-A, 304-B IPC and section 3/4 D.P. Act, Police Station Usrahar, District Etawah.

¶7

Learned counsel for the applicant has submitted that the applicant is husband of the deceased. The applicant is innocent and has falsely been implicated in the present case. It has further submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. There was no dispute of demand of dowry. It has further submitted that at present trial is going on and P.W. 2 Lakhpata Singh (brother of the deceased) and P.W. 3 Saroj Devi (mother of the deceased) have turned hostile. They have not supported the prosecution case. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 18.9.2021.

¶8

On the other hand, learned A.G.A. as well as learned counsel for the complainant oppose the application for bail but they could not dispute the aforesaid fact.

¶9

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

¶10

Let the applicant Surjeet Singh, who is involved in aforementioned case crime be released on bail on his 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

¶11

be verified.

¶12

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

¶13

(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 IPC.

¶14

(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., may be issued and if applicant fails 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 IPC.

¶15

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶16

(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

¶17

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

¶18

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶19

Order Date :- 9.11.2022

¶20

¶21

Digitally signed by AFAQ AHMAD Date: 2022.11.09 13:32:13 IST Reason: Location: High Court of Judicature at Allahabad

Surjeet Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surjeet Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arif Vs State of U.P. and 3 Others

Pawan Kumar Singh Vs State of U.P.

Rani Devi Vs State of U.P Thru, Secretary(Home) at Lko

Shailesh Kumar Vs State of U.P. and 3 Others

Smt. Nisso Vs State of U.P.

Mukesh Kumar @ Jagdish Kumar Vs State of U.P.