Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16216 of 2021 Applicant :- Pratibhan Singh @ Prathvan Singh @ Pappu Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Chandrakesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today is taken on record.
This is an application for bail on behalf of the applicant, Pratibhan Singh @ Prathvan Singh @ Pappu Singh, in connection with Case Crime No. 67 of 2020, under Sections 308, 325, 147, 323, 504, 506, IPC, Police Station Kailiya, District Jalaun.
Heard Mr. Daya Shankar Mishra, learned Senior Advocate assisted by Mr. Chandrakesh Mishra, learned Counsel for the applicant and Mr. S.S. Tiwari, learned A.G.A. appearing for the State.
It is submitted by the learned Senior Counsel for the applicant that regarding the incident dated 03.05.2020, there are cross versions and an FIR has been registered at the instance of the applicant's side against the complainants giving rise to Crime No.70 of 2020, under Sections 323, 504, 506, IPC, Police Station Kailiya, District Jalaun, whereas the FIR against them has been registered as Crime No.67 of 2020, under Sections 308, 325, 147, 323, 504, 506, IPC, Police Station Kailiya, District Jalaun. It is argued that there is a general role of assault assigned to the applicant. It is next submitted that since there are cross-versions, it is difficult to say, at this stage as to which side were the aggressors. There are injuries sustained by three persons on both sides. It is also pointed out that co-accused, similarly circumstanced, that is to say, Pradhum Singh @ Pradum, has been admitted to bail by Hon'ble Vivek Kumar Singh, J., vide order dated 19.02.2021, passed in Criminal Misc. Bail Application No.5044 of 2021, entitling the applicant to the benefit of parity. It is also submitted that the applicant has a criminal history of six cases, which has been explained in paragraph Nos.3 to 7 of the supplementary affidavit. The applicant is in jail since 08.10.2020.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are cross versions, the fact that there are injuries sustained on both sides, the fact that it is difficult to assess at this stage as to which side were the aggressors, the fact that the co-accused, similarly circumstanced, has been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Pratibhan Singh @ Prathvan Singh @ Pappu Singh, in connection with Case Crime No. 67 of 2020, under Sections 308, 325, 147, 323, 504, 506, IPC, Police Station Kailiya, District Jalaun, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021/NSC