Allowed

Sarvjeet Singh v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC29 Mar 2024/12224/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 323, 504, 506, 452, 302, 392 IPC, the Court released the applicant on bail on grounds of parity with co-accused granted bail for identical roles, imposing conditions to appear in court and warning against misuse of liberty.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties with conditions regarding court appearance and potential abuse of bail.

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

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Neutral Citation No. - 2024:AHC-LKO:26555

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12224 of 2023

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Applicant :- Sarvjeet Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Manoj Kumar Mishra,Akash Tiwari,Arpit Dwivedi Counsel for Opposite Party :- G.A.,Gauri Suwan Pandey

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Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the applicant, Sri Ashish holding brief of Sri Auri Suwan Pandey, learned counsel for the complainant and Sri Jugul Kishore Pandey, learned A.G.A. for the State.

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2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in F.I.R. No.0047 of 2023 under Sections 323, 504, 506, 452, 302, 392 IPC, Police Station Maalipur District Ambedkar Nagar.

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3. It has been submitted by learned counsel for the applicant that the identical role assigned to co-accused Hanuman Singh and Angad Singh have been granted bail by Coordinate Bench this Court vide order dated 14.03.2024 passed in Criminal Misc. Bail Application No.8692 of 2023. Similarly, co-accused Santosh Alias Santosh Bedia has already been granted bail by this Court vide order dated 13.10.2023 passed in Criminal Misc. Bail Application No.10075 of 2023. Learned counsel for the applicant submits that the case of the applicant is at par with the aforesaid co-accused persons thus, the applicant may also be granted bail on the ground of parity.Learned counsel for the applicant has explained the criminal history of the applicant in para-34 of the affidavit filed in support of the bail application satisfactorily. The applicant is in jail since 16.03.2023.

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4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that co-accused,namely, Hanuman Singh, Angad Singh and Santosh Alias Santosh Bedia have been granted bail by this Court.

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5. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the co-accused, namely, Hanuman Singh, Angad Singh and Santosh Alias Santosh Bedia having similar role have already granted bail by this Court, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.

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6. Let the applicant, namely, Sarvjeet Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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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(ii) 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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(iii) 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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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall

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be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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Order Date :- 29.3.2024 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sarvjeet Singh v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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What did the court decide?

Sarvjeet Singh v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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What did the court decide?

What the court decided

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