Allahabad High Court
Surendra Singh @ Raj @ Mulli vs State Of U.P. on 12 October, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33010 of 2020 Applicant :- Surendra Singh @ Raj @ Mulli Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Surendra Singh @ Raj @ Mulli, with a prayer to release him on bail in Case Crime No. 507 of 2020 under Sections 419, 420, 413 I.P.C., Police Station- Kotwali Auraiya, District- Auraiya, during pendency of trial.
The allegation in the F.I.R. is against unknown persons regarding exchange of A.T.M. card of the informant and subsequent withdrawal of money from the account of the informant. Learned counsel for the applicant has submitted that the Investigating Officer has found that the person involved in the alleged offence was co-accused, Vijay Singh and the applicant has been falsely implicated in this case only because he was friend of the co-accused. Recovery of number of A.T.M. cards, mobile phone, sim cards etc., have been made from the joint possession of the applicant and the other co-accused. It has also been submitted that the recovered goods have not been connected to any crime. The applicant has no criminal history to his credit and is in jail since 06.08.2020.
Learned A.G.A. has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.10.2020 KS