Allowed

Bauli @ Girwar Singh v. State of U.P.

Allahabad HC30 Jan 2023BAIL/55874/2022

Case brief

AI extract

What is this about?

The Allahabad High Court (Court No. 73) granted bail to the applicant in a murder case pending trial, citing statutory rights to speedy trial and significant jail overcrowding under Article 21, along with a specific Supreme Court dictum.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each, subject to standard bail conditions including cooperation in trial and not tampering with evidence.

Bauli @ Girwar Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55874 of 2022

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Applicant :- Bauli @ Girwar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Bauli @ Girwar Singh, with a prayer to release him on bail in Case Crime No. 428 of 2022, under Sections 147, 302, 323, 325, 336, 452, 504, 506 IPC Police Station Jainth, District- Mathura, during pendency of trial.

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There is allegation against the applicant and six co-accused that they have beaten the deceased by Lathi and Danda. One accused out of seven was alleged to be armed with axe.One person died and other received injuries.Learned counsel for the applicant has submitted that it is not clear who was author of the injuries on the head of the deceased,which proved fatal. Other injuries suffered by the injured were simple in nature. The applicant is aged about 65 years.He is in jail since 17.9.2022 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ;

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considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, 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 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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That the applicant shall not, directly or indirectly, make any 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 to any police ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 :- 30.1.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Bauli @ Girwar Singh v. State of U.P.

Case brief

What is this about?

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Bauli @ Girwar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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