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Surendra Singh vs State Of U P

High Court Of Judicature at Allahabad|19 August, 2021
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JUDGMENT / ORDER

Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32435 of 2021 Applicant :- Surendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.331 of 2021, under Sections 147, 148, 149, 307, 323, 324, 325 and 352 I.P.C., Police Station Goverdhan, District Mathura, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) There is a cross case of the incident, both sides have received injuries. There is general allegation against all the accused persons. Seven persons from the side of applicant have also injured. The injuries found on the person of victims are simple in nature.
(iii) Applicant is in jail since 04.06.2021 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, injuries found on the person of victims, role of present applicant, cross case of incident, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Surendra Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 Manoj
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Title

Surendra Singh vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 August, 2021
Judges
  • Rajendra Kumar Iv
Advocates
  • Garun Pal Singh