Allowed

Dheer Singh v. State of U.P.

Allahabad HC31 Jan 2023BAIL/59971/2022

Case brief

AI extract

What is this about?

Hon'ble Deepak Verma, J. allowed bail application under Sections 307 IPC. The court held the applicant had made out a case for bail given parity with co-accused and lack of criminal history. Applicant released on personal bond and two sureties with standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties in like amount subject to standard conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59971 of 2022

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Applicant :- Dheer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.,Sachin Kumar Sharma

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Hon'ble Deepak Verma,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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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 323 of 2022, registered under Sections 307 IPC, Police Station- Behjoi, District- Sambhal during pendency of the trial.

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It is alleged in the FIR that four accused persons with intention to kill the son of informant attacked and caused injuries by firearm. Injured has received two fire-arm injuries. It is argued by learned counsel for the applicant that the accused Nand Kishor and Chhatrapal have been granted bail and role of the applicant are similar with the co-accused who have been granted bail by this Hon'ble Court by order dated 18.01.2023. The applicant has no criminal history. All accused persons have assigned the role of firing over the injured. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 16.08.2022. 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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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the parity with the co-accused.

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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 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.

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Let the applicant Dheer Singh, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal

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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 :- 31.1.2023

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Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Dheer Singh v. State of U.P.

Case brief

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Dheer Singh v. State of U.P.

Case brief

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