Allowed

Anar Singh v. State of U.P.

Allahabad HC16 Nov 2023BAIL/43281/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant, Anar Singh, in a criminal trial for offences under Sections 392 and 411 IPC, allowing release on personal bond and sureties after noting the lack of merit in the State's opposition and the applicant's prolonged confinement.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount.

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

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Neutral Citation No. - 2023:AHC:217304

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43281 of 2023

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Applicant :- Anar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,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 the prayer to enlarge the applicant on bail in Case Crime No. 113 of 2023 under Sections 392, 411 I.P.C., Police StationMakkhanpur, District- Firozabad, during the pendency of the trial.

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Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is neither named in the F.I.R. nor arrested from the spot. No identification of the applicant has been conducted by the police. The case property has also not been got recognized by the complainant. The alleged recovery of Rs. 5500/- shown uon the applicant, which the applicant claims to his own. It is contended that after arresting the applicant, the police has implicated him in three cases out of which in one case, the applicant has been granted bail by this Court. The criminal history of the applicant has been explained in para 17 of the affidavit. The applicant is in jail since 15.05.2023. 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 more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the

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opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Anar Singh, involved in 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; (ii) shall not tamper with the prosecution evidence; (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 :- 16.11.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Anar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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