High Court allowed the third bail application of applicant-accused Nepal Singh charged with murder and attempt to murder, relying on the Supreme Court's direction to consider the bail grant of similarly placed co-accused.
Release on bail on furnishing a personal bond and two sureties each in the like amount.
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Neutral Citation No. - 2023:AHC:198975
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20400 of 2023
Applicant :- Nepal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur Gupta,Anant Ram Gupta Counsel for Opposite Party :- G.A.,Digvijay Singh
Hon'ble Raj Beer Singh,J.
and that the case of applicant is on better footing than that of coaccused Mahipati @ Mahipal. It is further submitted that applicant is languishing in jail since 24.08.2020 and thus, he has already been undergone the detention of more than three years and that in case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in the trial.
"Delay condoned.
We have heard learned counsel appearing for the petitioner.
The bail application made by the petitioner was rejected by the High Court. Learned counsel for the petitioner submits that the only reason for which the High Court rejected the bail was that against the earlier order, the petitioner had preferred a special leave petition which was dismissed. It has also been submitted that the High Court without taking into consideration the subsequent change of circumstances where three of the identically placed accused whose role was similar to that of the petitioner have been granted bail, has dismissed his application.
Considering the facts and circumstances, we deem it appropriate that the petitioner should approach the High Court once again bringing this fact to the knowledge of the High Court and the High Court may consider the bail application afresh without being influenced by the dismissal of his earlier bail application by this Court.
With the aforesaid observations and directions, the special leave petition stands disposed of. Pending applications(s), if any, shall also stand disposed of."
similar to those co-accused persons and that the applicant is languishing in jail since 24.08.2020, thus, the applicant is entitled to be released on bail. Hence, the third bail application of applicant Nepal Singh is hereby allowed.
(i). The applicant-accused shall not tamper with the evidence during the trial.
(ii). The applicant-accused shall not pressurize/ intimidate the prosecution witness.
(iii). The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v). The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 13.10.2023
Neeraj
Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail when similarly placed co-accused persons have already been granted bail.
Whether the Supreme Court's direction to approach the High Court considering subsequent changes in circumstances is appropriate.
Nepal Singh
State of U.P.
Raj Beer Singh
Neeraj Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
