Allowed

Sughad Singh v. State of U.P.

Allahabad HC14 Dec 2023BAIL/48627/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed under Section 439 Cr.P.C. for enlargement on bail in a case alleging sections 147, 148, 149 IPC. Court noted injured parties sustained no firearm injuries and co-accused were on bail. No specific risk apprehended. Bail granted.

What did the court decide?

Applicant released on bail on personal bond and two sureties each in like amount, subject to appearing on fixed dates and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:237067

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48627 of 2023

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Applicant :- Sughad Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar 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 and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

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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. 225 of 2023, under Sections 147, 148, 149, 452, 323, 307, 504, 506 I.P.C., Police Station Khandauli, District Agra during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the applicant along with two others is alleged to have fired at the informant. However, no person received any firearm injury. The injuries sustained by the injured are not caused by firearm. It is next contended that identically placed co-accused Kalicharan @ Karuva and Rakesh have been granted bail by this Court in Criminal Misc. Bail Application No. 34120 of 2023, Kalicharan @ Karuva and another v. State of U.P., vide order dated 04.08.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraphs4 and 5 of the supplementary affidavit. The applicant is in jail since 23.10.2023 and if he is released on bail, he will not misuse the said liberty.

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

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that injured does not sustain any firearm injury. Identically placed co-accused Kalicharan @ Karuva and Rakesh have been granted bail by this

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Court. Moreover, the applicant has remained confined for almost one and half month and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Sughad 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 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; and,

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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 :- 14.12.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Sughad Singh v. State of U.P.

Case brief

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Sughad Singh v. State of U.P.

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