Allowed

Shyam Singh and 2 Others v. State of U.P.

Allahabad HC21 Jan 2025BAIL/784/2025

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by three accused in Case Crime No. 276 of 2020 under Sections 147-149, 307 IPC, PS Achanera, Agra, on grounds of parity with fifteen co-accused already enlarged on bail and no criminal antecedents. Court allowed bail subject to conditions including non-tampering with evidence and regular trial attendance.

What did the court decide?

Applicants Shyam Singh, Suresh and Devendra to be released on bail on personal bond and two reliable sureties each, subject to four conditions.

Shyam Singh and 2 Others vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:10187

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 784 of 2025

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Applicant :- Shyam Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Hans Nath Pandey, learned counsel for the applicants, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

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This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicants, Shyam Singh, Suresh and Devendra, seeking enlargement on bail in Case Crime No. 276 of 2020, under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code, Police Station- Achanera, District- Agra.

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Learned counsel for the applicants argued that the accusedapplicants are innocent. They have been falsely implicated in this very case crime number and is languishing in jail since 06.12.2024. Learned counsel for the applicants submits that coaccused (i) Kunwarji, (ii) Bal Kishan, (iii) Ram Nivas, (iv) Raju alias Rajendra, (v) Ram Nivas alias Ramu, (vi) Jagdish, (vii) Dhanpal, (viii) Indrapal alias Sukhi, (ix) Raj Kumar, (x) Rishi, (xi) Lokendra, (xii) Manoj, (xiii) Tejvir, (xiv) Vishnu, and (xv) Ram Gopal have already been enlarged on bail by co-ordinate Bench of this Court on 15.03.2021 in Criminal Misc. Bail Application No. 9091 of 2021. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that co-accused has been enlarged on bail by this Court.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of

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tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicants, Shyam Singh, Suresh and Devendra , involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicants will not tamper with the evidence.

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The applicants will not indulge in any criminal activity.

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The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

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Order Date :- 21.1.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Shyam Singh and 2 Others v. State of U.P.

Case brief

What is this about?

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Shyam Singh and 2 Others v. State of U.P.

Case brief

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