Allowed

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

Allahabad HC8 Nov 2023ABAIL/12313/2023

Case brief

AI extract

What is this about?

The Court allowed the anticipatory bail application filed by Puran Singh in a criminal complaint case involving sections 376(2)(g), 392, and 506 IPC. The applicant was granted bail on the ground of parity with a co-accused who had already been granted anticipatory bail. The Court imposed specific conditions including furnishing a personal bond and two sureties.

What did the court decide?

The applicant Puran Singh is granted anticipatory bail till the conclusion of trial upon furnishing a personal bond and two sureties.

Puran Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:214935

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12313 of 2023

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Applicant :- Puran Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Shyam Babu Vaish, learned counsel for the applicant and Sri Amit Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.627 of 2016 registered under Sections 376(2)(g), 392 and 506 IPC at Police Station- Dankaur, District Gautambuddh Nagar with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused person Radheshyam has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 16.8.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.11375 of 2021. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau

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of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Puran Singh be released forthwith in the aforesaid complaint case (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(ii). that the applicant shall not leave India without the previous permission of the court;

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(iii). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(iv). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 8.11.2023

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Ravi Kant

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(Krishan Pahal, J.)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

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

Case brief

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

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