Allowed¶13

Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC5 Apr 2024/711/2024

Case brief

AI extract

What is this about?

Second bail application allowed on ground of parity; co-accused already enlarged on bail; Sections 302, 34 I.P.C.; Case Crime No.36 of 2022; Police Station Hasanganj, District Unnao; Section 161 Cr.P.C. statements; no criminal history; in custody since 14.02.2022; personal bond and two sureties; Allahabad High Court Lucknow Bench; Justice Subhash Vidyarthi; decided 05.04.2024; Neutral Citation No. 2024:AHC-LKO:28127.

What did the court decide?

Release of applicant Ram Kumar Singh on bail in Case Crime No.36 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions of non-tampering with prosecution evidence, non-pressurising prosecution witnesses, and appearance on every date fixed by the trial court unless exempted. ¶13

Ram Kumar Singh Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ram Kumar Singh, in custody since 14.02.2022, is entitled to be enlarged on bail in Case Crime No.36 of 2022 under Sections 302, 34 I.P.C., Police Station Hasanganj, District Unnao.

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Court's answer

Having regard to the general allegations in the F.I.R. against four accused with one exonerated during investigation, similar Section 161 Cr.P.C. statements, bail already granted to co-accused Sudhir Singh and Sujeet Singh, the applicant's absence of criminal history and his incarceration since 14.02.2022, the court found the facts sufficient to enlarge the applicant on bail on the ground of parity, without making any observation affecting the merits of the case.

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Ratio / Principle

The bail application was allowed and the applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurise prosecution witnesses, and shall appear on each and every date fixed by the trial court unless exempted.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Criminal Misc. Bail Application No.711 of 2024, decided 05.04.2024. Second bail application by Ram Kumar Singh in Case Crime No.36 of 2022 under Sections 302, 34 I.P.C., Police Station Hasanganj, District Unnao; his first bail application (No.7559 of 2023) stood dismissed as not pressed. Co-accused Sudhir Singh and Sujeet Singh had already been enlarged on bail by orders dated 23.03.2023 and 13.04.2023. The F.I.R. levelled general allegations against four accused, one of whom was exonerated during investigation; Section 161 Cr.P.C. statements were similar against all accused; the applicant had no criminal history and was in jail since 14.02.2022. Bail was allowed on the ground of parity, on a personal bond with two sureties, subject to conditions against tampering with evidence and pressurising witnesses and requiring appearance on all trial dates.

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Neutral Citation No. - 2024:AHC-LKO:28127

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 711 of 2024

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Applicant :- Ram Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri O.P. Tiwari, the learned counsel for the applicant, Sri Punit Kumar Yadav, learned counsel for the State and perused the records.

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This is the second application seeking release of the applicant on bail in Case Crime No.36 of 2022, under Sections 302, 34 I.P.C., registered at Police Station Hasanganj, District Unnao. The first Criminal Misc. Bail Application No.7559 of 2023 was dismissed as not pressed. Subsequent to the rejection of the first application both the other co-accused persons Sudhir Singh and Sujeet Singh have been enlarged on bail by this court by means of orders dated 23.03.2023 and 13.04.2023, passed in Criminal Misc. Bail Application Nos.6573 of 2022 and 6661 of 2022.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels general allegations against four accused persons, one of whom

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was exonerated during investigation; that the statement recorded under Section 161 Cr.P.C. also levels similar allegations against all the accused persons and two co-accused persons have already been granted bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 14.02.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity.

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Accordingly, this bail application stands allowed .

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Let the applicant-Ram Kumar Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 5.4.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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