Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26684 of 2021 Applicant :- Prem Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta,Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Krishna Mohan Asthana,Sunil Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0193 of 2021, under Sections 302, 504, 506 & 120B IPC, Police Station - Noorpur, District - Bijnor with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 30.05.2021 against five named accused persons including the present applicant Prem Singh as well as two unknown assailants. It was alleged in the report by the complainant that on 11:00 P.M. in the night of 29.05.2021 that complainant was present in her home with husband and the accused persons were making noise with the high sound of D.J. and in spite of request they did not agree to set it at a low sound. On the contrary, the accused persons attacked with lathi- danda and sariya causing fatal injuries on the head of the complainant's husband.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that initially the case was registered under Section 308 IPC and other sections and later on, after the death of Bhupendra Singh, the case was registered under Section 302 IPC. It is submitted by the learned counsel that no specific role of assault has been assigned to the present accused and he has been nominated in this case only on the basis of general allegations. It is also submitted that co- accused Damanjeet Singh @ Tushar has already been granted bail, vide order dated 22.10.2021, passed by another coordinate bench of this Court, a copy of the bail order submitted by the learned counsel for applicant is taken on record of this bail application. It is argued that on the ground of parity also with co-accused Damanjeet Singh @ Tushar, the present applicant deserves bail. Lastly, it is argued that the applicant is in jail since 22.06.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that no specific role of assaulting the injured who later died, was assigned to the present applicant, considering the ground of parity with co-accused and all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Prem Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 27.10.2021 LBY