Allowed

Sunil Singh v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Allahabad HC22 Feb 2024BAIL/1867/2024

Case brief

AI extract

What is this about?

Bail application under Sections 308/323/504 IPC for a general role of assault with delayed FIR and added Section 308. Charge-sheet filed; applicant had no criminal history and was in custody since January 2024. Bail allowed on parity with co-accused who were already released.

What did the court decide?

Applicant to be enlarged on bail on furnishing personal bond and two sureties, subject to listed trial conduct conditions.

Sunil Singh vs State of U.P Thru. Secy. Home Civil Secrt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31181

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1867 of 2024

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Applicant :- Sunil Singh Opposite Party :- State Of U.P Thru. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Mohd Javed,Santi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.367 of 2020, under Sections 308/323/504 I.P.C., P.S. Thangaon, District Sitapur.

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Learned counsel for applicant submits that applicant and his two real brothers have been falsely implicated in this case due to enmity. There is general role of assault against all three accused; no specific allegation has been made against anyone. Although, the NCR was lodged on 26.03.2020 however, the F.I.R. has been lodged after delay of eight months on 13.11.2020 and Section 308 I.P.C. was added. Applicant has no criminal history. Applicant is languishing in jail since 18.01.2024. Charge-sheet in the case had been filed. Coaccused Anup Singh and Rajkumar have been granted bail vide order dated 01.05.2023 and 20.12.2023 respectively.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.01.2024, charge-sheet has been filed and applicant has no criminal history so also the fact that allegations have been leveled on all the accused persons, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed. Let the applicant Sunil Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable

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sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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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 :- 22.4.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Sunil Singh v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Case brief

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Sunil Singh v. State of U.P Thru. Secy. Home Civil Secrt. Lko.

Case brief

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