Allowed

Baram Singh and Another v. State of U.P.

Allahabad HC11 Aug 2022BAIL/8944/2022

Case brief

AI extract

What is this about?

In this bail application, the Court allowed the release of the applicants on a personal bond and sureties, imposing specific conditions regarding non-tampering with evidence, attendance at trials, and consequences of breach under the Cr.P.C. and IPC.

What did the court decide?

Applicants released on bail with personal bond, two sureties each, and conditions regarding attendance and non-tampering with witnesses.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8944 of 2022

¶3

Applicant :- Baram Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Pratap Singh Counsel for Opposite Party :- G.A.,Juned Alam,Mohd Hamid

¶4

Hon'ble Siddharth,J.

¶5

List revised.

¶6

Heard learned counsel for the applicants, learned AGA for the State, Sri Mohd. Hamid, learned counsel for the informant and perused the material placed on record.

¶7

The instant bail application has been filed on behalf of the applicants, Baram Singh and Prashu , with a prayer to release them on bail in Case Crime No. 5 of 2022, under Sections 147, 452, 323, 504, 308, 34 I.P.C., Police Station- Shiwala Kalan, District- Bijnor, during pendency of trial.

¶8

There is allegation of causing fracture injury to one injured in the first information report.

¶9

Learned counsel for the applicants has submitted that initially no specific role was assigned. Subsequently, in the statement of the injured, he has assigned the role of causing injury to the applicants. The applicants are languishing in jail since 07.01.2022. They have no criminal history to their credits. In case they are enlarged on bail, they will not misuse the liberty of bail.

¶10

Per contra learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre-trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.

¶11

Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶12

(i) The applicants shall not tamper with the evidence or threaten the witnesses.

¶13

(ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶14

(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufÏcient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.

¶15

(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code.

¶16

(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants are deliberate or without sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

¶17

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

¶19

Order Date :- 11.8.2022 KS

¶20

Digitally signed by KISHAN SINHA Date: 2022.08.16 10:29:12 IST Reason: Location: High Court of Judicature at Allahabad

Baram Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Baram Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kashi Mahto Vs State of U.P.

Rahamtullah Alias Daddu Vs State of U.P.

Nawab @ Babloo Vs State of U.P.

Nandu Gond Vs State of U.P.

Raghuraj Singh Yadav Vs State of U.P.

Usman Ali Vs State of U.P.and Another