The court allowed the bail application of Man Singh @ Raja in a criminal case involving Sections 392, 411, 420, 467, 468 and 471 IPC, holding that the applicant had made out a case for bail without expressing an opinion on the merits.
Applicant Man Singh @ Raja released on bail subject to furnishing personal bond and two sureties with specific conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5202 of 2022
Applicant :- Man Singh @ Raja Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Singh,Vipin Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.301 of 2021, under Sections 392, 411, 420, 467, 468 and 471 I.P.C., P.S. Civil Lines, District Etawah.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the first information report of the alleged incident is delayed for which no plausible explanation has been given, which itself falsify the prosecution story; the applicant is not named in the first information report and his name has come into light during the course of investigation; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The applicant has criminal history, which has been explained in paragraph no.2 of the IIsupplementary affidavit dated 4.6.2022, which is on record. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.9.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Man Singh @ Raja , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.4.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant was entitled to be released on bail in a criminal case involving offences under Sections 392, 411, 420, 467, 468 and 471 IPC.
Whether the applicant had made out a strong case for bail considering the evidence, complicity, and nature of the offence.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Man Singh @ Raja
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
