Allowed

Saurabh Singh v. State of U.P.

Allahabad HC25 Apr 2022BAIL/7806/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a case of grievous hurt and murder, noting that a co-accused was already granted bail. The court found the case fit for bail without expressing an opinion on merits despite the seriousness of the charges.

What did the court decide?

The applicant Saurabh Singh was released on bail on executing a personal bond and furnishing two sureties under specific conditions.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7806 of 2022

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Applicant :- Saurabh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh K. Dwivedi,R.K. Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Saurabh Singh in connection with Case Crime No.651 of 2021, under Sections 147, 148, 323, 302, 120-B I.P.C., Police Station Kotwali, district Deoria.

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The prosecution case indicates that the incident took place on 14.10.2021. Bantu, Ayush, Rohit and Prabhat have been assigned the role for assaulting the deceased with lathi and danda. The deceased died on spot. The post mortem report indicates three injuries, namely, (i) abrasion 2.5 X 1.0 c.m. in the anterior Lower Abdomen just above asis (ii) abraison 0.5 X 0.5 c.m. dorsal of right great toes and (iii) Lacerated Wound 1.5 X 1.0 c.m. scalp deep on left occiput. The doctor has opined that he was unable to ascertain the cause of death and has preserved viscera, for examination.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Bhantu @ Krishna Chaurasiya has been admitted to the concession of bail by this Court by order dated 30.03.2022 passed in Criminal Misc. Bail Application No.8878 of 2020, photocopy of the bail order produced by learned counsel for the applicant has been perused by this Court and is taken on record and the role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 18.10.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid coaccused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Saurabh Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the

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following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 25.4.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.04.27 17:14:54 IST Reason: Location: High Court of Judicature at Allahabad

Saurabh Singh v. State of U.P.

Case brief

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Saurabh Singh v. State of U.P.

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