This judgment allowed a bail application filed during the pendency of trial in a cheating and forgery case, relying on the bail order granted to a co-accused and the principles laid down in Dataram Singh for parity and Article 21.
Applicant released on bail on furnishing a personal bond and two sureties, subject to six specific conditions.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47452 of 2022
Applicant :- Bhura @ Deep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Copy of anticipatory bail order dated 21.09.2022 of coaccused, Pankaj Singh, passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8858 of 2022 has been produced by the learned counsel for the applicant in the Court today which is taken on record.
Heard Sri Rajeev Kumar, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Bhura @ Deep Singh, with a prayer to release him on bail in Case Crime No. 214 of 2022, registered under Sections 420, 467, 468 I.P.C., Police Station- Rath, District- Hamirpur, during pendency of trial.
As per prosecution story, the applicant, Bhura @ Deep Singh, impersonating himself as owner of the land, Devendra Kumar executed sale deed in favour of Lal Diman.
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 applicant was not named in the first information report and he has nothing to do with the said offence whatsoever. It has also been stated on behalf of the applicant that the photo of the applicant has not been afÏxed on the sale deed and the sale deed was executed by Lal Diman. It is further submitted that identically circumstanced co-accused, Pankaj Singh, has been enlarged on anticipatory bail by coordinate Bench of this Court vide order dated 21.09.2022. 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 since 06.08.2022 and has no criminal history to his credit. In case the applicant is released on bail, he will not misuse the liberty.
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.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused, Pankaj Singh, has been enlarged on anticipatory bail by coordinate Bench of this Court, 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 finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Bhura @ Deep 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:-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.12.2022/KS
Digitally signed by KISHAN SINHA Date: 2022.12.12 17:08:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the instant bail application being identical in kind and circumstance to that of a co-accused granted bail warrants release on bail under the larger mandate of Article 21.
Whether the anticipatory bail order passed for the co-accused establishes parity for the instant applicant.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶11
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
7 provisions across 3 enactments
Bhura @ Deep Singh
Surendra Singh
Kishan Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
