Allowed

Mahipal Singh v. State of U.P.

Allahabad HC23 Jun 2023BAIL/57749/2022

Case brief

AI extract

What is this about?

Hon'ble Ms. Nand Prabha Shukla allowed a criminal bail application filed by Mahipal Singh seeking release in a case concerning offences under sections 147, 148, 307, 323, 504, and 506 IPC. The court found it a fit case for bail.

What did the court decide?

Bail allowed subject to furnishing a personal bond and two sureties and compliance with specific conditions to prevent tampering with evidence and continue trial.

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

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Neutral Citation No. - 2023:AHC:128401

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57749 of 2022

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Applicant :- Mahipal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nitika Sharma,Kapil Kumar,Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Paritosh Sukla

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned Government Advocate for the State, learned counsel for the informant and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 402 of 2022, under sections 147, 148, 307, 323, 504, 506 I.P.C., Police Station Iglas, District Aligarh, during pendency of the trial.

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It is contended by learned counsel for the applicant that in the statement of injured the main role of firing has been assigned to the co-accused Satpal and the applicant has only been assigned the role of exhortation. As per medico legal report, only single gun shot injury has been found on the head. Nothing incriminating material has been collected from the possession of the applicant. The role of the applicant is distinguishable to that of co-accused Satpal. Co-accused Omkar has already been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 45932 of 2022 vide order dated 24.11.2022. There is no possibility of his either fleeing away from the judicial process or tampering with the evidence. It was next submitted that the applicant has no criminal history as averred in para 23 of the affidavit of bail application. Applicant is languishing in jail since 02.08.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned Government Advocate as well as learned counsel for the informant has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case as well

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as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Mahipal Singh, involved in aforesaid crime 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 the following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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(iv) 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 to any police officer or tamper with the evidence.

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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 23.6.2023 K.K. Maurya

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Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Mahipal Singh v. State of U.P.

Case brief

What is this about?

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Mahipal Singh v. State of U.P.

Case brief

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