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Allahabad High Court

Man Singh vs State Of U.P. on 22 July, 2010

Author: Ravindra Singh

Bench: Ravindra Singh

Court No. - 43

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14524 of 2010

Petitioner :- Man Singh
Respondent :- State Of U.P.
Petitioner Counsel :- Pankaj Satsangi
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is contended by learned counsel for the applicant that applicant is not named in the FIR, but during investigation the naming of the applicant and other co-accused Sobaran, Jai Singh, Netrapal, Vishram, Ram Shanker, Kalicharan and Dharmpal came into the light. The above mentioned co- accused have been acquitted by the trial court on 2.6.2008 in S.T. No. 31 of 2005. The applicant could not appear before the court concerned due to some unavoidable circumstances. The applicant is in jail since 1.11.2008. Till today no witness has been examined by the trial court. During period of so called absconding the applicant had not committed any offence. The applicant is not having any criminal antecedent.

In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Man Singh involved in case crime no. 73 of 2004 under Sections 147, 148, 149, 302 I.P.C. and section 3(2)V SC/ST Act, P.S. Dataganj, District Badaun be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1. that he will not temper with the evidence and
2. he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.

In default, the bail granted to the applicant shall be deemed cancelled and he shall be taken in to custody forthwith.

Order Date :- 22.7.2010 RPD