Allowed

Ayush Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow

Allahabad HC22 Jan 2024/14159/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to Ayush Kumar Singh accused of assault and robbery under Sections 394 and 325 IPC. Court noted applicant was not in FIR, identification was via CCTV, no recovery of incriminating items, and he had no criminal record. Bail granted on personal bond with sureties.

What did the court decide?

Released on bail on personal bond with two sureties subject to conditions against tampering with evidence and committing further crimes.

Ayush Kumar 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:6112

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14159 of 2023

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Applicant :- Ayush Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Amit Bharadwaj, Advocate holding brief of Shri Sudhaker Prakash, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Ayush Kumar Singh for grant of bail, in Case Crime No. 524 of 2023, under Section 394 and 325 I.P.C., Police Station P.G.I., District Lucknow, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the informant.

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It is further submitted that applicant was not named in the F.I.R. and the allegations in the F.I.R. are pertaining to the fact that on 14.08.2023 at about 10:00 pm. the informant had taken a passenger to Piprauli, however, when the passenger arrived at the destination, he refused to pay the fare and when the informant demanded fare, he assaulted him on head with a stone and also snatched his mobile phone and Rs.2000/- and fled away from the scene.

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It is further submitted that applicant was not named in the F.I.R., his identity is shown to have been established with the help of C.C.T.V. footage. However, identification has not been done, as required by any known mode of identification. Nothing incriminating is shown to have been recovered either from the possession or on his pointing. In the F.I.R., the allegations are assaulting the informant on his head while, as is evident from the observation made by the trial court in the rejection order, that the informant/victim has sustained injuries of fracture on his second and third finger of left hand and, thus, there is material contradiction in ocular and medical evidence.

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It is next submitted that applicant is languishing in jail in this

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case since 21.08.2023 and he is not having any criminal history and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail.

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Considering the fact that applicant was not named in the F.I.R., nothing incriminating is shown to have been recovered either from his possession or on his pointing, no T.I.P. is shown to have been held for the purpose of identification of the applicant and as identification is shown to have been made on the basis of a C.C.T.V. footage and also keeping in view the fact that he is not having any criminal history and is detained in prison since 21.08.2023, facility of bail may be extended to the applicant. Thus, the bail application is allowed .

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Let the accused/applicant- Ayush Kumar Singh involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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

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(iii) 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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 22.1.2024 Praveen

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

Ayush Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow

Case brief

What is this about?

What did the court decide?

Ayush Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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