Allahabad High Court
Deepak Singhal vs State Of U.P. on 26 February, 2020
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4006 of 2020 Applicant :- Deepak Singhal Opposite Party :- State of U.P. Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Umesh Kumar,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant Deepak Singhal, who is involved in case crime no.2150 of 2011 (Criminal Case No. 3405 of 2012) under Sections 386 and 506 I.P.C., Police Station Kotwali, District Budaun.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the incident is said to have taken place on 6.12.2011 and the F.I.R. was lodged on 15.12.2011; that there is inordinate delay in lodging the F.I.R. which has not been explained properly; that the applicant was summoned by the court below on B-warrant on 3.5.2012 by the court below and he is in jail in this very case since 3.5.2012; that still the charges have not yet been framed by the court below in the matter and more than 7 years have elapsed and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial, hence the applicant is entitled for bail under the provisions of Section 436-A Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length.
Learned A.G.A has opposed the prayer for bail.
Without expressing any opinion on the merits of the case, and also any observation, if it has come touching the merits of the case, that will not come in the way of learned Trial Court/Court concerned while taking final decision in the matter, I am of the view that it is a fit case for bail.
Let the above named applicant involved in the 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 with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.2.2020 CPP/-