Allowed

Mithlesh Singh @ Ratnesh Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

Allahabad HC9 May 2024/1848/2024

Case brief

AI extract

What is this about?

Bail application for murder and robbery FIR; applicant unnamed in the FIR and linked via co-accused's statement who was granted bail earlier. Court granted bail on parity grounds without expressing opinion on merit.

What did the court decide?

Release on bail in FIR/Case Crime No.1187 of 2011 under Sections 394, 302, 201 IPC on furnishing personal bonds and two sureties of Rs.20,000 each, with conditions.

Mithlesh Singh @ Ratnesh Singh Vs State of… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35996

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1848 of 2024

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Applicant :- Mithlesh Singh @ Ratnesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Mahendra Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant and Shri Akhilesh Kumar Srivastava, learned A.G.A. and perused the record.

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In terms of the F.I.R. lodged against unknown persons, it was alleged that the brother of the informant was running a vehicle Magic for carrying the school children. It was informed to the informant that some person had come and booked the carriage vehicle and subsequently the body of the brother of the informant was recovered.

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Learned counsel for the applicant argued that the applicant was linked with the offence in question based upon the statement of the co accused Ranjay Chauhan. It is further argued that the said co accused Ranjay Chauhan was enlarged on bail vide order dated 6.11.2017. The applicant was arrested on 2.8.2023. in the present case. He argued that earlier as he left the District and was not aware of the present case against him. It is argued that the applicant never received any summon and such he could not appear. It is argued that subsequently the applicant was arrested on 2.8.2023. The applicant has criminal history of two cases which were subsequent to the lodging of the present F.I.R. in question. The criminal history of the applicant is duly explained in paragraph 22 of the afÏdavit filed alongwith bail application. In short, the submission is that once the co accused has been enlarged on bail, the applicant may also be enlarged on bail. The applicant undertakes to cooperate with the trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the fact that the co accused has

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been granted bail on 6.11.2017 and the present case is of the year 2011 coupled with the fact that the applicant is not named in the F.I.R., as such the applicant on the ground of parity having criminal history of two cases which were lodged after lodging of the present offence, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

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6. Accordingly, the bail application is allowed.

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Let the applicant Mithlesh Singh @ Ratnesh Singh be released on bail in FIR/ Case Crime No.1187 of 2011, under Sections 394, 302, 201 I.P.C., Police Station Kotwali Bhinga, District Shrawasti on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 ofÏcer or tamper with the evidence.

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Order Date :- 9.5.2024

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Shukla

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

Mithlesh Singh @ Ratnesh Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

Case brief

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Mithlesh Singh @ Ratnesh Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

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