Court allowed bail to applicant Sukhdev Singh charged with attempted murder and dowry-related offences, granting release on personal bond and two sureties subject to standard conditions.
Release on bail by furnishing personal bond and two sureties in equal amount.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39808 of 2022
Applicant :- Sukhdev Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.140 of 2022, registered under Sections 498-A, 307 I.P.C. and 3/4 of D.P. Act, Police Station-Badhapur, District Bijnore during the pendency of the trial.
As per version of the FIR, all the accused persons including the present applicant tried to commit murder of the sister of the informant for non-fulfillment of dowry by hanging her with the rope.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present crime. Applicant is a husband of the victim. He further submits that applicant has neither demanded any dowry nor tortured to the victim. No specific role has been assigned to the present applicant. He further submits that this is a matrimonial dispute and the same was dissolved on 30.06.2022 between the parties by the compromise. He further submits that deponent is a wife of the applicant and doing pairvi to release the applicant. He further submits that apart from this case, applicant does not have any criminal history. Applicant is a law abiding citizen and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 01.07.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and
the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicant, namely, Sukhdev Singh who is involved in the aforesaid 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 be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.9.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.09.30 17:07:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant made out a prima facie case for release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherApplied¶11
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Sukhdev Singh
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gajendra Kumar
Parties & counsel
