Anand Singh vs State of U.P.

Neutral Citation No. - 2025:AHC:90657

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2018 of 2025

Applicant :- Anand Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prakash Srivastava,Nishant Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.

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Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

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The present second bail application has been filed by the applicant-accused in Case Crime No. 0704/2020, under Sections 302, 308, 504 IPC, Police Station- Madhuban, District- Mau with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 15.03.2023.

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It is submitted by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. It was submitted that the first information report was lodged against three accused persons, including applicant, alleging that they have assaulted the father of deceased and that when mother of informant tried to intervene, she was also assaulted by them. Learned counsel submitted that as per prosecution version, applicant has been assigned the role of attacking the deceased with spade (Fawara) but that version is not supported by postmortem report of deceased. It is further submitted that deceased has suffered only one sharp incised wound and that injury is not

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possible by spade (Fawara). The first bail application of application was rejected by this Court vide order dated 15.03.2023 and after that all the material witnesses have been examined before the trial court. Now, there is no possibility of tampering with evidence. A number of formal witnesses are yet to be examined and thus, trial of the case is likely to take sufficient long time. The applicant is in jail since 13.11.2020 and thus, he has already undergone the detention of more than four and a half years. Criminal history of four cases shown against the applicant has been explained. Co-accused Ashirvaad Singh is already on bail. It was submitted that in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial.

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Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that applicant is named in the First Information Report and role of causing fatal injury to the deceased with spade (Fawara) has been attributed to the applicant.

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Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed .

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Let the applicant-accused - Anand Singh, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant-accused shall not tamper with the evidence during the trial.

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(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.

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Order Date :- 27.5.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Anand Singh v. State of U.P.

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Anand Singh v. State of U.P.

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