Allowed

Shatrughan Singh v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC20 Mar 2023/1899/2023

Case brief

AI extract

What is this about?

This bail application allowed the release of the applicant-accused on bail in a case registered for Sections 302, 307, 120-B IPC and Section 7 of Criminal Law Amendment Act. The court held that the informant's statement pinned the offence on another accused and the applicant has no prior record.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions not to tamper with evidence or pressurize witnesses.

Shatrughan Singh Vs State of U.P. Thru. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1899 of 2023

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Applicant :- Shatrughan Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Vijay Kumar Mishra, learned counsel for the applicant, Mr. Manoj Kumar Pandey, learned A.G.A. for the State and perused the records.

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The first bail application moved by the applicant-accused has been rejected by this Court vide order dated 24.03.2022, passed in Criminal Misc. Bail Application No.489 of 2022. This second application has been filed seeking release of the applicant on bail in Case Crime No. 839 of 2021, under Sections 302, 307, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, registered at Police Station Kotwali Nagar, District Gonda.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.11.2021 against a single named accused person Ashok Kumar stating that he entered the informant's house armed with sword, knife, stick and revolver and he killed the informant's father in law, mother in law and sister in law by assaulting them with sword and knife.

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During trial, the statement of informant has already been recorded and she has reiterated the first information report's version before learned trial court also and she has not stated anything against the applicant.

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The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the

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case and keeping in view the fact that the statement of the informant has already been recorded before learned Trial Court and in her statement she has categorically stated that the offence was committed by the named accused person Ashok Kumar and she has not stated anything which may be adverse to the applicant; that the applicant has no previous criminal history and he is languishing in jail since 27.11.2021 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Shatrughan Singh be released on bail in Case Crime No. 839 of 2021, under Sections 302, 307, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, registered at Police Station Kotwali Nagar, District Gonda on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shatrughan Singh v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Shatrughan Singh v. State of U.P. Thru. Secy. Home Lko.

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