Allowed

Brijesh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Allahabad HC22 Jul 2024BAIL/5208/2024

Case brief

AI extract

What is this about?

Undertrial sought short term bail during pendency of his bail application for attending his daughter's wedding. Court verified the marriage date via affidavit, invitation card and SHO report, and granted short term bail from 09.12.2024 to 13.12.2024 with conditions including police vigil and surrender.

What did the court decide?

Short term bail granted from 09.12.2024 to 13.12.2024 subject to conditions including police guard and surrender before C.J.M., Amethi on 13.12.2024 at 2:00 p.m.

Brijesh Singh vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2024)

¶1

Court No. - 15

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5208 of 2024

¶3

Applicant :- Brijesh Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- R.B.S. Rathaur Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shree Prakash Singh,J.

¶5

[C.M. Application No. 4 of 2024 (short term bail)]

¶6

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

¶7

The Instant application has been filed with the prayer to enlarge the applicant on short term bail during pendency of this bail application in FIR No. 02 of 2024, under Section 307 IPC and Sections 3/5/25/27 of Arms Act, Police Station Musafirkhana, District Amethi.

¶8

Learned counsel for the applicant is pressing the short term bail application dated 21.11.2024 and submits that the marriage of the daughter of the applicant is fixed for 10th of December, 2024 and being father, he has to perform the essential rituals of marriage including 'Kanyadaan'. He also submits that if the applicant is released on short term bail, he will perform all the rituals in peaceful atmosphere and will not break the peace and tranquility. He also submits that applicant undertakes that he will not misuse the liberty of short term bail and he will surrender as and when the date is fixed by this Court. He also added that during the aforesaid release, he will not threat the witnesses and would not tamper the evidence or misuse the liberty.

¶9

On the other hand, learned counsel appearing for the State, on the basis of instructions, submits that the marriage of the daughter of the present applicant, namely, Preeti is fixed for 10th of December, 2024 at village Jamuwari, Police Station Musafirkhana, District Amethi and 'Vidai Karyakram' is fixed for 11.12.2024. He submits that in this regard, the SHO concerned has also appended the report of the village Pradhan, namely, Poonam Singh, who has also received the Invitation Card.

¶10

From perusal of the affidavit filed in support of the short term bail as well as the Invitation Card, appended alongwith the application and the instructions provided by SHO concerned, it

¶11

transpires that the date of marriage of the daughter of the applicant is fixed for 10.12.2024 and he is the father.

¶12

Considering the overall facts and circumstances and looking into the peculiar circumstances of the case that the applicant is the father and he has to perform the marriage rituals of his daughter, namely, Preeti, thus, the applicant- Brijesh Singh , resident of Sakin Karpiya, Police Station Musafirkhana, District Amethi, involved in FIR No. 02 of 2024, under Section 307 IPC and Sections 3/5/25/27 of Arms Act, Police Station Musafirkhana, District Amethi, is granted short term bail (parole) from 09.12.2024 to 13.12.2024 only. The learned Chief Judicial Magistrate, Amethi is directed to release the applicant on short term bail on 09.12.2024 at 10:00 a.m. subject to the following conditions :-

¶13

(i) That the applicant shall observe peace and tranquility during the period of parole and shall not indulge in any unlawful activity.

¶14

(ii) That for the period of parole, the applicant shall be accompanied by necessary police guard(s) who shall keep him under a 24 hours vigil.

¶15

(iii) That the applicant shall surrender before the C.J.M., Amethi on 13.12.2024 at 2:00 p.m. and shall be sent back to jail.

¶16

(iv) That in case it is found that no marriage of his daughter, Preeti, is being performed at the given place, this short term bail shall immediately stand cancelled and the applicant-Brijesh Singh shall be restored/sent back to jail forthwith.

¶17

The short term bail application/parole is allowed on the conditions, as observed above.

¶18

This order be intimated to the C.J.M., Amethi through the Senior Registrar of this Court for making proper arrangement.

¶19

The C.J.M., Ameti shall submit his report/certificate regarding compliance of the order of this Court.

¶20

Let a copy of this order be issued to the learned counsel for the applicant, on payment of usual charges.

¶21

Order Date :- 4.12.2024 kkv/

¶22

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

Brijesh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

Brijesh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Chandra Bhan Singh Vs State of U.P. Thru. Prin. Secy. Home and Another

Ajeet Kumar Vs State of U.P. Thru. the Prin.Secy. Home Deptt. and Another

Gaurav Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Rajendra Harijan Vs State of U.P. Thru. Prin.Secy.Deptt. of Home and 3 Others

Dr. Birendra Singh Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Atul Kulshreshtha Vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko.