Allowed

Bhagvan Singh v. State of U.P.

Allahabad HC23 Jan 2023BAIL/54454/2022

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant, Bhagvan Singh, in a bail application filed under IPC sections 419, 420, 272, 273, 275. Ruling on grounds of parity with co-accused already granted bail, the Court imposed a personal bond with two sureties and directed verification.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to conditions regarding cooperation and conduct.

Bhagvan Singh Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54454 of 2022

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Applicant :- Bhagvan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sabhajeet Yadav,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.337 of 2022, under Sections 419, 420, 272, 273, 275 IPC Police Station Makhanpur, District Firozabad, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He next argued that identically placed co-accused, Ram Kumar and Gaurav have been granted bail by Co-ordinate Bench of this Court vide orders dated 22.11.2022 and 30.11.2022 passed in Criminal Misc. Bail Application Nos. 52631 of 2022 and 52005 of 2022, respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 28.09.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

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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 the fact that the case of the applicant is similar to that of coaccused, who have been granted bail 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.

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Let the applicant, Bhagvan Singh 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.1.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Bhagvan Singh v. State of U.P.

Case brief

What is this about?

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Bhagvan Singh v. State of U.P.

Case brief

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