Allowed

Gullu Alias Gulab Singh v. State of U.P.

Allahabad HC13 Jul 2023BAIL/54478/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Gullu Alias Gulab Singh in a Sessions Trial for murder, relying on parity with a co-accused and finding no probability of evidence tampering.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two heavy local sureties subject to specific conditions.

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

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Neutral Citation No. - 2023:AHC:138721

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54478 of 2022

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Applicant :- Gullu Alias Gulab Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,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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Learned counsel for the applicant submits that applicant is the real brother of the deceased and that the F.I.R. has been lodged by another brother of the deceased. He further submits that the applicant is not named in the F.I.R. and his name came into light in the statement of the first informant. Learned counsel has next argued that by the efflux of time, the trial began and the statements of the first informant and witness were recorded as P.W.1 and P.W.2, who has supported the prosecution story, copy of which is annexed as Annexure-SA1 and SA2 to the supplementary affidavit, which has been filed today in the Court and is taken on record. Learned counsel has next argued that the first informant in his statement recorded as P.W.1 before the Court below assigned the same the role to the applicant. as has been assigned to co-accused Smt. Geetanjali, who is the second wife of deceased and that Smt. Geetanjali has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 30.09.2021 passed in Criminal Misc. Bail Application No.49075 of 2020, copy of which is annexed as Annexure-7 to the affidavit accompanying the bail applicant. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make

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himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.01.2020, having no criminal history.

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Per contra, learned A.G.A. the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Gullu alias Gulab Singh, involved in Sessions Trial No. 749 of 2020 arising out of Case Crime No.20 of 2020 under Sections 302/34, 102-B I.P.C., Police Station Parikshatgarh, District Meerut, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the

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trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

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The bail application is allowed.

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Order Date :- 13.7.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Gullu Alias Gulab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gullu Alias Gulab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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