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Som Pratap Singh @ Chhote Baua vs State Of U P

High Court Of Judicature at Allahabad|29 November, 2019
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JUDGMENT / ORDER

Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52844 of 2019 Applicant :- Som Pratap Singh @ Chhote Baua Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant has been falsely implicated in this case on account of village politics. He is the elected member of gram panchayat and he has been falsely implicated on account of efforts made by one Santosh Dixit and Ashok Dixit with whom he has enmity. The victim is about 70 years old destitute lady and the aforesaid Santosh Dixit and Ashok Dixit provide her food and on account of their influence over her they have falsely implicated the applicant. The medical report does not supports the allegation made in the FIR against the applicant. The applicant is in jail since 09.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Som Pratap Singh @ Chhote Baua, be released on bail in Case Crime No. 116 of 2019, under Section 376 IPC, Police Station- Lalpura, District- Hamirpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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.
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 :- 29.11.2019 Rohit
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Title

Som Pratap Singh @ Chhote Baua vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 November, 2019
Judges
  • Siddharth
Advocates
  • Keshari Nandan Singh