In bail application under Sections 41, 411, 414 IPC, the Hon'ble Court granted release to the applicant on a personal bond and two sureties, noting the similarity of his role to an already enlarged co-accused and lack of flight risk.
Released on bail by furnishing a personal bond and two sureties with conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9643 of 2022
Applicant :- Arpit Singh @ Tinku Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nishant Kumar Singh,Raj Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Mr. G.P. Srivastava, holding brief of Mr. Nishant Kumar Singh, learned counsel for the applicant, Mr. Jay Prakash, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Arpit Singh @ Tinku Singh with a prayer to release him on bail in Case Crime No.166 of 2021 under Sections 41, 411, 414 IPC, Police Station-Kothipar, District-Maharajganj, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that from the joint possession of applicant and co-accused Kundan Dharikar, one motercycle was recovered and the co-accused Kundan Dharikar has already been granted bail by this Court vide order dated 14.12.2021 in Crl. Misc. Bail Application No.46930 of 2021. It is next submitted that role of the applicant is similar and identical to the co-accused Kundan Dharikar, who has already been enlarged on bail, therefore he is also entitled to be released on bail. It is next submitted that criminal history 19 cases of applicant has properly been explained in paragraph No.3 of the Supplementary affidavit. It is also submitted that applicant is languishing in jail since 21.08.2021.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Arpit Singh @ Tinku Singh involved in aforesaid case be released on bail on furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.5.2022
PS
Digitally signed by PRITI SHARMA Date: 2022.05.17 13:43:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a pending criminal trial.
Whether the conditions for bail have been satisfied by the applicant.
Arpit Singh @ Tinku Singh
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
