Allowed

Sukhveer Singh v. State of U.P.

Allahabad HC17 May 2022BAIL/8527/2022

Case brief

AI extract

What is this about?

In this bail application, the court accepted the applicant's argument that he had made out a case for bail without expressing an opinion on the merits. The applicant was granted bail subject to conditions regarding court attendance and misuse of bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each, subject to conditions regarding court attendance.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8527 of 2022

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Applicant :- Sukhveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Sukhveer Singh, who is involved in Case Crime No. 406 of 2021, under Sections 147, 148, 149, 323, 307, 504, 506, 302 and 323 of I.P.C., Police Station- Shikohabad, District- Firozabad. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the allegation made in the FIR that the applicant had directly fired on Smt. Jaya Devi is motivated as the medical report at page 48/49 has observed that the injury was caused by hard and blunt object which was grievous in nature. He, therefore, further submits that the allegation of firing could not be proved. Learned counsel for the applicant further submits that the charge sheet has been submitted and no further investigation is required. It is further submitted that the applicant has no other criminal history and is in jail since 25.10.2021 and if he is released on bail, there is no chance of his absconding or misusing the

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liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail. He also did not deny that the charge sheet had been submitted.

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Let the applicant, Sukhveer Singh be released on bail in Case Crime No. 406 of 2021, under Sections 147, 148, 149, 323, 307, 504, 506, 302 and 323 of I.P.C., Police Station- Shikohabad, District- Firozabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

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(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

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may proceed against him under Section 229-A of the Indian Panel Code.

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(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. is issued and the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 Cr.P.C. If in the opinion of the trial court the absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 17.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.19 10:53:05 IST Reason: Location: High Court of Judicature at Allahabad

Sukhveer Singh v. State of U.P.

Case brief

What is this about?

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Sukhveer Singh v. State of U.P.

Case brief

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