Allowed

Prem Singh v. State of U.P.

Allahabad HC8 Dec 2021BAIL/24290/2021

Case brief

AI extract

What is this about?

In bail application No. 24290 of 2021, the court allowed the release of Prem Singh, who was charged under IPC Sections 307, 399, 402, 411 and DAA Act Section 12. The judge held merit in the counsel's submission that the applicant is falsely implicated. The bail was granted subject to specific conditions including furnishing a personal bond and personal surety.

What did the court decide?

The applicant Prem Singh is released on bail on furnishing a personal bond and two sureties each in the like amount subject to conditions against tampering with evidence and influencing witnesses.

Prem Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24290 of 2021

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Applicant :- Prem Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Sudhir Kumar Agarwal, learned counsel holding brief of Shri Ashok Kumar Gupta, learned counsel for the applicant, and learned AGA for the State.

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A first information report was lodged as Case Crime No.501 of 2020 at Police Station-Achhnera, DistrictAgra under Sections 399, 402, 307, 411 I.P.C. and Section 12 of Dacoity Affected Areas Act.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (DAA Act), Agra, on 23.02.2021.

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The applicant is in jail since 01.01.2021, pursuant to the said F.I.R.

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Shri Sudhir Kumar Agarwal, learned counsel counsel holding brief of Shri Ashok Kumar Gupta, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case in the F.I.R., the applicant was only preparing to commit the offence. The applicant had not committed any offence. Various items were planted on

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the person of the applicant to frame him in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. The recovered articles do not connect the applicant to the conspiracy of planning to commit the offence. Apart from this case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without

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making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Prem Singh involved in Case Crime No.501 of 2020 at Police Station-Achhnera, DistrictAgra under Sections 399, 402, 307, 411 I.P.C. and Section 12 of Dacoity Affected Areas Act be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 8.12.2021 Dhananjai

Prem Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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