Allowed

Atul Kumar Singh v. State of U.P.

Allahabad HC8 Feb 2023BAIL/58021/2022

Case brief

AI extract

What is this about?

Single judge allowed a bail application filed by an accused in a criminal case under Sections 394, 411 IPC. The court held that the applicant had made out a case for bail, noting the co-accused was already on bail and no incriminating articles were recovered from the applicant.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount subject to conditions.

Atul Kumar Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58021 of 2022

¶3

Applicant :- Atul Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

Heard Sri Deepak Kumar Pal, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

¶6

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 192 of 2022, registered under Sections 394, 411 I.P.C., Police Station Nawabganj, District Prayagraj during pendency of the trial.

¶7

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. From the possession of applicant, no incriminating article has been recovered. Criminal history of the applicant has been explained in para 19 of the bail application. Co-accused, namely, Chandrabhan Singh has been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No.2854 of 2023 vide order dated 20.01.2023 and the applicant's role is identical to the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is languishing in jail since 27.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶8

Learned A.G.A. has opposed the bail prayer of the applicant.

¶9

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 , 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.

¶10

Let the applicant, Atul Kumar Singh, who is involved in the

¶11

aforesaid case 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 following conditions. Further, before issuing the release order, the sureties be verified.

¶12

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

¶13

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

¶14

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

¶15

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

¶16

Order Date :- 8.2.2023 Nitin Verma

¶17

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Atul Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Atul Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Babu Vs State of U.P.

Sanjay Yadav Vs State of U.P.

Faizan Qureshi Vs State of U.P.

Rajneesh Mishra Vs State of U.P.

Laxmi Narayan Vs State of U.P.

Kamaluddin Qureshi Alias Sallu Vs State of U.P.