Allowed

Navjot Singh v. State of U.P. Thru. Secy. Home Deptt. Lko.

Allahabad HC7 Apr 2023/2293/2023

Case brief

AI extract

What is this about?

This judgment allows a correction in the memo of bail application regarding the case year and subsequently grants bail to the applicant, a murder charge, noting late impication and release of co-accused.

What did the court decide?

Granting bail on a personal bond and two sureties subject to conditions not tampering with evidence or witnesses and appearing on fixed dates.

Navjot Singh Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2293 of 2023

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Applicant :- Navjot Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Abhishek Yadav,Amit Kumar Awasthi,Sunil Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Order on Crl. Misc. Application No.NIL of 2023.

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Heard Sri Amit Kumar Awasthi, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. for the State and perused the records.

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This is an application for correction in the memo of bail application.

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It is submitted by learned counsel for the applicant that due to typographical error, the year of the case crime number has wrongly been mentioned as '2022' in place of '2020' and sought correction to this effect.

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The application for correction is allowed.

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The correction as desired shall be made in the memo of bail application during course of the day.

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Order on memo of bail application:

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.444 of 2020, under Sections 302/120-B I.P.C., registered at Police Station Paliya, District Lakhimpur Kheri.

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The aforesaid case has been registered on the basis of an F.I.R.

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lodged on 05.08.2020 alleging that some unknown persons had killed the informant's brother by firing gun shots at him on 05.08.2020.

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In the statement of the informant recorded under Section 161 Cr.P.C. also he reiterated the F.I.r. version, it was only in the third additional statement recorded on 12.11.2021 i.e. after more than one year and three months that he implicated the applicant who is the son of the informant's uncle.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has been stated in the affidavit that the applicant is involved in Case Crime No.415 of 2021, under Section 386/507/34 I.P.C. Police Station Bilaspur, District Ramur and Case Crime No.52 of 2022, under Section 33/25/27 of Arms Act, Police Station Palia, District Kheri.

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It has further been stated that that the co-accused persons Nihal Singh, Gurujarmanjeet Singh and Palvinder Singh @ Vinder Singh have already been enlarged on bail by this Court by means of orders dated 25.11.2022 and 03.02.2022, passed in Criminal Misc. Bail Application No.5149 of 2022 and Criminal Misc. Bail Application No.1996 of 2022 respectively.

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

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has neither been named in the F.I.R. nor in the statement of informant recorded under Section 161 Cr.P.C. and he has been implicated in the third additional statement of the informant recorded after more than one year and three months since the occurrence of

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the incident, coupled with the fact that the co-accused persons have already been enlarged on bail by this Court and the present applicant is languishing in jail since 16.11.2022 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-Navjot Singh be released on bail in Case Crime No.444 of 2020, under Sections 302/120-B I.P.C., registered at Police Station Paliya, District Lakhimpur Kheri 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;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(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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(Subhash Vidyarthi, J.)

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Order Date :- 7.4.2023 Ram.

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

Navjot Singh v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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Navjot Singh v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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