This is a bail application in a murder and rioting case. The High Court held that the applicant had made out a case for bail given the lack of ocular evidence and complicity in the case. Bail was granted subject to sureties and standard conditions.
Release of the applicant on bail on furnishing a personal bond and two heavy sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6388 of 2023
Applicant :- Udal Bind @ Rudal Bind @ Vikas Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur,Prem Narayan Singh,Sr. Advocate
Counsel for Opposite Party :- G.A.,Sandeep Singh
Hon'ble Krishan Pahal,J.
statement of the co-accused persons. There is no ocular evidence to suggest that the applicant has committed the said offence. Learned counsel has next stated that the statements of the co-accused persons is not admissible under the Indian Evidence Act and cannot be read against the applicant. Learned counsel has also stated that the persons, who were seen in the CCTV footage, namely, Arvind Singh, Sundaram @ Dhanji Singh, Abhay Singh @ Billu Singh, Rakesh Singh @ Guddu Hadi, Riyazul, Gaurav Singh @ Sunny Singh and Aman Kumar Pandey @ Suraj Pandey have been enlarged on bail by this Court. The applicant is also entitled for bail on the ground of parity. The case of the named accused persons Karamveer Singh @ Sanny Singh and Anand Singh @ Dholak Singh is on a different footing as they are named in the FIR and are the main assailants having put the father of the informant to death. Learned Senior Counsel has also stated the applicant has a criminal history of three cases and the same has been explained.
2021 is the case instituted under Section 3(1) of the U.P. Gangsters Act after the applicant has been implicated in the present case. Thus, all the criminal history of the applicant stands explained. Learned Senior Counsel has relied on the judgement of this Court passed in Pawan Kumar Pandey vs. State of U.P. 2007 (1) JIC 680 (Allahabad) in which the delinquent had a criminal history of 56 cases assigned to him. It is next stated that even otherwise, the case of the applicant is made out, he cannot be kept languishing in jail on account of the criminal antecedents. Learned Senior Counsel has stated that the bail applications of two named accused persons namely, Karamveer Singh @ Sanny Singh and Anand Singh @ Dholak Singh has been rejected. In case, the applicant is released on bail, he will not misuse the liberty of bail.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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 officer or tamper with the evidence.
Order Date :- 17.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail during the pendency of the trial considering criminal antecedents and lack of ocular evidence.
Whether the applicant's criminal history in antecedent cases justifies refusal of bail.
Whether the grounds of false implication and parity with co-accused warrant release on bail.
Colour shows how this judgement treated each authority
Pawan Kumar Pandey vs. State of U.P.Followed¶15
Pawan Kumar Pandey vs. State of U.P. 2007 (1) JIC 680 (Allahabad)
3 provisions across 3 enactments
Udal Bind @ Rudal Bind @ Vikas Bind
State of U.P.
Krishan Pahal
Shalini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
