Allowed

Balwinder Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC25 Sept 2024/10234/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the accused applicant in a case under sections 379, 411, and 413 IPC for theft. The High Court allowed the application, noting the offence is triable by a magistrate and the applicant has been in jail since late December 2023, without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding tampering, intimidation, and court attendance.

Balwinder Singh Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66462

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10234 of 2024

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Applicant :- Balwinder Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Ratnesh Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.206 of 2023, under Sections 379, 411, 413 I.P.C., P.S. Padua, District Lakhimpur Kheri.

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Learned counsel for applicant submits that police has arrested the applicant from his home and falsely implicated him in this case. The F.I.R. has been lodged after delay of 27 days. Applicant is not named in the F.I.R. The alleged two motorcycles have been shown to be recovered from the pointing out of the applicant to which there is no independent witness. The offence is triable by magistrate. He submits that the applicant is in jail since 02.12.2023.

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Learned A.G.A. has opposed the bail prayer and has submitted that applicant is a repeated offender and has criminal history of 35 cases.

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Rebutting the same, learned counsel for the applicant submits that applicant has explained the criminal history in para 9 of the bail application as well as supplementary affidavit.

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Perused the record.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 02.12.2023, offence is triable by magistrate, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Balwinder Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 25.9.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Balwinder Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Balwinder Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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