Allowed

Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC19 Mar 2024BAIL/711/2024

Case brief

AI extract

What is this about?

The court allowed a second bail application for the applicant. Granting bail based on parity with two co-accused who were already released, noting the applicant had no criminal history and the FIR contained general allegations.

What did the court decide?

Allowed bail on furnishing a personal bond and two sureties in like amount, subject to conditions against tampering with evidence and appearance in the trial court.

Ram Kumar Singh vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28127

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 711 of 2024

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Applicant :- Ram Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri O.P. Tiwari, the learned counsel for the applicant, Sri Punit Kumar Yadav, learned counsel for the State and perused the records.

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This is the second application seeking release of the applicant on bail in Case Crime No.36 of 2022, under Sections 302, 34 I.P.C., registered at Police Station Hasanganj, District Unnao. The first Criminal Misc. Bail Application No.7559 of 2023 was dismissed as not pressed. Subsequent to the rejection of the first application both the other co-accused persons Sudhir Singh and Sujeet Singh have been enlarged on bail by this court by means of orders dated 23.03.2023 and 13.04.2023, passed in Criminal Misc. Bail Application Nos.6573 of 2022 and 6661 of 2022.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels general allegations against four accused persons, one of whom

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was exonerated during investigation; that the statement recorded under Section 161 Cr.P.C. also levels similar allegations against all the accused persons and two co-accused persons have already been granted bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 14.02.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity.

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Accordingly, this bail application stands allowed .

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Let the applicant-Ram Kumar Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 5.4.2024 Ram.

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

Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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Ram Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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What did the court decide?

What the court decided

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