Prince Singh Vs State of U.P. Thru. the Prin. Secy. Home Lko.

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6868 of 2022

Applicant :- Prince Singh Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko.

Counsel for Applicant :- Ram Naresh Singh Chauhan,Pradeep Kumar Mishra,Prashant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Ajay Singh Tomar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.131 of 2022, under Sections 420, 406, 467, 468, 471, 473, 120-B I.P.C., P.S. Dahi, District Unnao.

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Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. The applicant has not committed any offence as alleged in the F.I.R. Identically situated co-accused Ram Naresh Sonkar @ Badal has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.6443 of 2022, vide order dated 10.10.2022. The applicant is seeking parity of the order aforesaid. There is no criminal history of the applicant, which has been explained in para 15 of the bail application. The applicant is languishing in jail since 11.5.2022. In case, the applicant is released on bail, he will not misuse the liberty and will co-operate in the trial proceedings.

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Per contra, learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that identically situated co-accused person has already been granted bail by this Court and there is no criminal history of the applicant.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Prince Singh involved in the aforementioned

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crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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;

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(3) 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.; and

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(4) In case, the applicant misuses the liberty of bail during trial 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 3.11.2022 Ram Murti

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Digitally signed by RAM MURTI YADAV Date: 2022.11.09 17:42:14 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Prince Singh v. State of U.P. Thru. the Prin. Secy. Home Lko.

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Prince Singh v. State of U.P. Thru. the Prin. Secy. Home Lko.

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