Allowed

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

Allahabad HC12 Jan 2024BAIL/444/2024

Case brief

AI extract

What is this about?

The applicant sought bail in a criminal case involving forgery and cheating allegations arising from a property dispute. The court noted a compromise between parties, possession restoration, lack of criminal history, and absence of objection by the informant, and granted bail with conditions.

What did the court decide?

Bail allowed subject to furnishing a personal bond with two sureties and conditions against witness tampering and criminal activity.

Sukhvinder Singh vs State of U.P Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4296

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 444 of 2024

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Applicant :- Sukhvinder Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

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Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A.,Neeraj Kumar Mishra

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Arun Sinha, learned counsel for the accused/applicant, Shri Neeraj Kumar Mishra, learned counsel for complainant / informant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Sukhvinder Singh for grant of bail, in Case Crime No. 610/2023, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Mohammadi, District Kheri, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the dispute between the parties was of civil nature and a civil suit is also pending between the parties with regard to the same dispute, however, during the course of pendency of the instant proceedings an amicable settlement has taken place and the parties have entered into a compromise, in result of which possession of the disputed property has been given by the applicant to the complainant and now no dispute has remained between the parties. The applicant is in jail in this case since 21.10.2023 and he is not having any criminal history. Alleged offenses are triable by the Magistrate.

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Learned A.G.A., however, opposes the prayer of bail and informs that charge sheet in this case has already been filed.

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Learned counsel appearing for complainant/ informant submits that possession of the disputed property whereon the parties were litigating has been handed over by the applicant to the complainant/informant and he is not having any objection if the facility of bail is extended to the applicant.

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Having heard learned counsel for the parties and having

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perused the record, it is reflected from the record that the parties have entered into a compromise as the possession of the disputed property which was the bone of contention between the parties stated to have been given to the complainant/ informant. Alleged offences are trialbe by the Magistrate. The applicant is in jail in this case since 21.10.2023 and he is not having any criminal history. His presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Sukhvinder Singh involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 16.1.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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