Allowed

Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC25 Sept 2024/9574/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 9574 of 2024, the Allahabad High Court allowed bail for the applicant, Ajay Kumar Singh, in an assault case. The single-judge bench found it a fit case for release after considering the nature of injury and duration of detention.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions regarding evidence tampering and court attendance.

Ajay Kumar 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:66678

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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9574 of 2024 Applicant :- Ajay Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Manoj Kumar Singh,Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Dharmendra Kumar Bhatt,Vimlesh Kumar Kashyap

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record as well as learned counsel for the complainant.

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In the prosecution case, it is alleged that on 21.11.2020 at about 9:30 hours while the complainant went inside the village for some labour, the accused persons assaulted him. Specific allegation has been made against co-accused Sanjay.

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Learned counsel for the applicant submits that in the statement of the injured, general role has been assigned to the applicant and specific role has been assigned on the co-accused Sanjay Singh. Injury received by two injured Santosh Kumar and Pramod Kumar Singh are simple in nature. One injury each of both the accused was referred for the x-ray. No abnormality has been found in the x-ray. Role assigned to the applicant is general in nature. The applicant has explained his criminal history. The applicant is languishing in jail since 27.08.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the general nature of allegations made in the prosecution case and the nature of injury, coupled with

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the fact that the applicant is languishing in jail since 27.08.2024 and without expressing any opinion on the 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 involved in Case Crime No. 382/2020, under Sections 147/308/394/148/452/504 IPC, Police Station - Pisawan, District - Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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/R.C.

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

Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Ajay Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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