Allowed

Ajay Kumar Singh v. State of U.P.

Allahabad HC24 Aug 2023BAIL/31561/2023

Case brief

AI extract

What is this about?

Single bench permitted bail to the applicant in a criminal case involving cheating and forgery, granting it on a personal bond and two sureties based on parity with a co-accused and absence of specific evidence suggesting flight or witness tampering.

What did the court decide?

Released on bail on personal bond and two sureties on conditions not to tamper with evidence or pressurize witnesses and to appear on all dates.

Ajay Kumar Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:171139

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31561 of 2023

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Applicant :- Ajay Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 286 of 2023, under Sections 364 I.P.C., Police StationWazeerganj, District- Badaun during pendency of the trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. Due to certain other dispute between the parties the applicant has been implicated in the instant case. It is contended that the co-accused Ankit Yadav, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 31422 of 2023 vide order dated 17.8.2023. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 9.6.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Ajay Kumar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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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 witness;

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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 :- 24.8.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Ajay Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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