Allowed

Tej Singh v. State of U.P.

Allahabad HC13 Apr 2023BAIL/4405/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by Tej Singh in a murder case. The applicant had previously been on bail, absconded for nine months, and surrendered after nine months of absence from the trial court and over six months of imprisonment. Despite the earlier breach, the court granted bail.

What did the court decide?

Released on bail with a personal bond and two sureties in like amount, subject to conditions of appearance and no inducement to witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4405 of 2023

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Applicant :- Tej Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sikandar Khan, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Session Case No. 400 of 2017, arising out of Case Crime No. 259 of 2017, under Sections 302 IPC, Police Station- Dibai, District- Bulandshahr, during pendency of the trial in the court below.

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In the present matter applicant earlier released on bail in the year 2018 on 5.4.2018 by this Court and thereafter he was continuously attended the Trial Court till 5.4.2021 and thereafter he absconded and he surrendered before the Court concerned on 6.10.2022.

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Learned counsel for the applicant submitted that applicant earlier has been released on bail by this Court on 5.4.2018 and thereafter he continuously attended the Court till 5.4.2021 but thereafter he had to gone for his livelihood in Delhi and thereafter when he came to know that in the present matter coercive measures are being taken against him then he returned back and surrendered before the Court concerned on 6.10.2022. He further submitted that applicant intentionally did not abstain from the proceeding of the trial and he under takes that in future he will present in the Trial Court on each and every dates and will co-operate with the trial of the case. He further submitted that applicant, in the present matter, is in jail since 6.10.2022 i.e. for last about more than six months.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that after released on bail in the year 2018 he continuously attended the Trial Court till April, 2021 and he remained absent for about nine months and in the present matter, he is in jail since 6.10.2022 i.e. for last about more than

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six months.

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I have heard counsels for both the parties and perused the record of the case.

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Considering the fact that applicant after released on bail in the year 2018 regularly attended the Court till April, 2021 and thereafter he remained absent for about nine months and in the present matter, he surrendered on 6.10.2022 and he is in jail since 6.10.2022 i.e. for last about more than six months, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Tej Singh be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 13.4.2023 KK Patel

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

Tej Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tej Singh v. State of U.P.

Case brief

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