Allowed

Abhishek Singh v. State of U.P.

Allahabad HC17 Nov 2022BAIL/36732/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant in a charge sheeted Arms Act case, drawing parity with coordinate benches that granted bail to co-accused persons in similar circumstances. The court ordered release subject to furnishing a personal bond and two sureties along with specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to specific conditions including availability for trial dates and prohibition on new offenses.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36732 of 2022

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Applicant :- Abhishek Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Copy of the orders dated 11.11.2022 relating to coaccused, Rohan Rajbhar, 03.11.2022 relating to coaccused, Brijbhan @ Brijbhar and 10.11.2022 relating to co-accused, Manish Singh have been passed by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 38166 of 2022, 43870 of 2022 and 39750 of 2022 respectively in which they have been granted bail, has been produced by the learned counsel for the applicant in the Court today which are taken on record.

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Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Ashish Malhotra, learned brief holder for the State and perused the material on record.

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The instant bail application has been 7led on behalf of the applicant, Abhishek Singh, with a prayer to release him on bail in Case Crime No. 129 of 2022, registered under Sections 7/25 of Arms Act, Police Station- Karanda, DistrictGhazipur, during pendency of trial.

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There is allegation in the 7rst information report dated 23.07.2022 lodged by informant, S.I. Atul Chaturvedi, against nine named accused persons including the applicant that on 23.07.2022 at 1500 hours, the police party arrested six accused persons and recovered from their possession two factory made hand-grenades, six mobile phones and Rs.1,000/- cash.

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Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that even as per the recovery memo, hand-grenades and mobile phones were recovered from the possession of co-accused, Mahesh Rajbhar. One blue colour OPPO mobile phone has been recovered from the possession of the applicant. It is further submitted that identically circumstanced co-accused persons, namely, Rohan Rajbhar, Brijbhan @ Brijbhar and Manish Singh have been enlarged on bail by coordinate Benches of this Court vide orders dated 11.11.2022, 03.11.2022 and 10.11.2022 passed in Criminal Misc. Bail Application Nos. 38166 of 2022, 43870 of 2022 and 39750 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail

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since 23.07.2022 and has no criminal history to his credit. In case the applicant is released on bail, he will not misuse the liberty.

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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. However, he could not deny the submissions made on behalf of the applicant.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of o<ence, especially the fact that identically circumstanced co-accused persons, Rohan Rajbhar, Brijbhan @ Brijbhar and Manish Singh, have already been enlarged on bail in similar circumstances as that of the applicant, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court 7nds it to be a 7t case for bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Abhishek Singh, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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

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

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

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The applicant shall remain present before the trial court on each date 7xed, either personally or through his counsel. In case of his absence, without su>cient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date 7xed 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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The applicant shall remain present, in person, before the trial court on the dates 7xed for (i) opening of the case, (ii)

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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 su>cient 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 :- 17.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.17 17:22:17 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek Singh v. State of U.P.

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Abhishek Singh v. State of U.P.

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