Allowed

Rohan Singh Alias Ayush Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

Allahabad HC15 May 2023/80/2023

Case brief

AI extract

What is this about?

This criminal bail application allowed the release of the applicant Rohan Singh on bail in a case involving the death of an informant's son due to beating, considering co-accused persons had already been granted bail and confessed.

What did the court decide?

The applicant released on bail in Case Crime No. 384 of 2022 subject to conditions against tampering with evidence, pressuring witnesses, and appearing in court.

Rohan Singh Alias Ayush Singh Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:33494

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 80 of 2023

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Applicant :- Rohan Singh Alias Ayush Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. Counsel for Applicant :- Sudhakar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Gauri Singh, learned counsel for the applicant and Sri Srinarain Bajpai, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 384 of 2022, under Sections 323, 304, 504 IPC, Police Station Kotwali Dehat, District Sultanpur.

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The aforesaid case has been registered on the basis of an FIR lodged on 08.08.2022 against the applicant and two unknown persons, alleging that all the accused persons had beaten up the informant's son on 07.08.2022 at about 01:45 pm and his son died during treatment in the hospital. The informant stated that the applicant was identified whereas the other two persons could not be identified.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has falsely been implicated in the present case.

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The applicant's criminal history of five cases has been disclosed by filing a supplementary affidavit and in four of which the applicant has already been granted bail.

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The police claims to have arrested the applicant on the basis of information received from a Mukhbir, along with two other co-accused persons Vikas Singh and Dipak Kumar Pandey @ Golu Dubey and it is claimed in his custodial statement, the applicant has stated that other two co-accused persons had beaten up the deceased and this statement was endorsed by the co-accused persons also.

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Learned counsel for the applicant has submitted that both the

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other co-accused persons Vikas Singh and Dipak Kumar Pandey have already been granted bail by means of an orders dated 22.02.2023 and 21.12.2022 passed by this Court in Criminal Revision No. 54 of 2023 and Criminal Misc. Bail Application No. 15064 of 2022.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per prosecution case, both the other co-accused persons have confessed that they had beaten up the deceased and those co-accused persons have already been granted bail, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Rohan Singh alias Ayush Singh be released on bail in Case Crime No. 384 of 2022, under Sections 323, 304, 504 IPC, Police Station Kotwali Dehat, District Sultanpur on furnishing a bail 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 temper 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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Order Date :- 15.5.2023 Pradeep/-

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

Rohan Singh Alias Ayush Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

Case brief

What is this about?

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Rohan Singh Alias Ayush Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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