Allowed

Anoop Kumar Singh @ Prempal v. State of U.P.

Allahabad HC19 Sept 2023BAIL/34711/2023

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a charge-sheeted case punishable under Section 364 IPC. The applicant was not named in the FIR, forensic items did not belong to him, and no reasonable apprehension of tampering was established. Parity with a co-accused bond was considered.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions to appear, not tamper with evidence, and not pressurize witnesses.

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

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Neutral Citation No. - 2023:AHC:180416

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34711 of 2023

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Applicant :- Anoop Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal 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 and learned AGA for the State-respondent.

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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 Section 364 IPC, Police Station Wazirganj, District Budaun, during the pendency of trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. The applicant had an enmity with the victim and as such he has been falsely implicated in the present case. The victim was recovered on the next day. No injury has been sustained by the victim. The alleged vehicle from which the victim was taken, does not belong to the applicant. Further, the mobile phone from which the calls were made, also does not belong to the applicant. It is next contended that in the second statement of the victim the name of the other co-accused have also been mentioned. Identically placed co-accused Ankit Yadav has been granted bail by this Court in Criminal Misc. Bail Application No. 31422 of 2023 vide order dated 17.08.2023. The applicant claims parity. The applicant is in jail since 09.06.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The alleged vehicle from which the victim was taken, does not belong to the applicant. The mobile phone from which the calls were made, also does not belong to the applicant and identically placed co-accused has been granted bail by this Court. The applicant has no criminal antecedent. The applicant has remained confined for more than

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three 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 the 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 Anoop Kumar Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 19.9.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Anoop Kumar Singh @ Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anoop Kumar Singh @ Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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