Allowed

Amit Singh @ Amit Kumar Singh v. State of U.P. Thru. Secy. Home Lko

Allahabad HC16 Dec 2024BAIL/12993/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) allowed a bail application filed by Amit Singh in an FIR under the Bharatiya Nyaya Sanhita. The court considered the applicant's lack of criminal history, his status as a student, and the nature of the dispute, granting bail subject to conditions.

What did the court decide?

The applicant was released on bail furnishing a personal bond of Rs. 25,000 and two sureties of the same amount.

Amit Singh @ Amit Kumar Singh Vs State of U.P. Thru. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84113

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12993 of 2024

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Applicant :- Amit Singh @ Amit Kumar Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Sajeet Singh,Roshan Lal Verma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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On being asked, learned AGA says that he has received complete instructions in the matter and he is ready to argue the case on merits. In this background of the case, the Court proceeded to hear the instant bail application on merits.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

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The present application has been filed on behalf of the applicant seeking bail in F.I.R. No. 212 of 2024, under Sections 115 (2), 118 (2), 352, 351 (3) BNSS, Police Station Rehra Bazar, District Balrampur.

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While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case.

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It is further stated that on account of a dispute related to the agricultural land an altercation took place and in the incident the complainant Dinesh Kumar Singh sustained injury and the said injury is of such nature, which could attract the offence under Section 118(2) BNSS and as the incident occurred without pre-meditation of mind, if the prosecution is able to prove case, it is beyond doubt against the applicant then in that eventuality the maximum sentence/punishment of ten years provided in the said Section would not be awarded, according to which the sentence shall not be less than of one year and in the instant case, the injury was not sustained on account of blow of "hansiya".

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It is further stated that the applicant is a student of M.Sc. (Agriculture) and in his first semester exam he secured 84.6 Grade Points, in second semester 89.4 Grade Points and if the applicant is not released on bail, he would not be able to pursue his studies of third semester.

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It is further stated that the applicant is "Pattidar" of the informant/injured and both the parties are living adjacent to

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each other and the matter can be settled in view of the various pronouncement on the issue by way of compromise.

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It is stated that considering the aforesaid and the fact that the the applicant, who is languishing in jail since 05.11.2024 and has no criminal history, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses.

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Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that the applicant is having no criminal history and is a bright student of M.Sc. (Agriculture) and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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Let the applicant- Amit Singh @ Amit Kumar Singh be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) 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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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions 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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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 16.12.2024

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Arvind

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

Amit Singh @ Amit Kumar Singh v. State of U.P. Thru. Secy. Home Lko

Case brief

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Amit Singh @ Amit Kumar Singh v. State of U.P. Thru. Secy. Home Lko

Case brief

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