The High Court granted bail to Prabhat Kumar charged under Sections 302, 348, and 34 IPC. Relying on Dataram Singh, the court noted a prima facie case becoming a bail case and imposed conditions including cooperation with trial proceedings.
Released on bail with personal bond and two sureties on specific conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16920 of 2022
Applicant :- Prabhat Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Vivek Kumar Singh,J.
Heard Mr. Rajesh Kumar Mishra, learned counsel for the applicant, learned counsel for the informant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident took place on 12.10.2021 and the F.I.R. was lodged after nine hours of the incident on 12.10.2021. It is next submitted that the alleged incident was not premediated and has taken place all of sudden. Co-accused, Phoola Devi and Shiv Kumar Pasi have been granted bail in Crl. Misc. Bail Application Nos. 9512 of 2022 and 16699 of 2022 on 26.05.2022 and 4.07.2022 respectively. Applicant has claimed parity with the co-accused who have been granted bail by coordinate Benches of this Court. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 13.10.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 2 SCC 22 and without expressing any opinion on the
merit of the case, I find it to be a case of bail.
Let the applicant, Prabhat Kumar involved in Case Crime No. 1088 of 2021 under Sections 302, 342 and 34 I.P.C., Police Station Dhoomangaj, District Prayagraj 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.
(i) 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. 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.
(ii) 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.
(iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, 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 ultimate merits of the case.
Order Date :- 13.10.2022 A. Mandhani
Digitally signed by ABHISHEK MANDHANI Date: 2022.10.14 13:15:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an accused falsely implicated in a murder case.
Whether parity with co-accused justifies the release of the applicant on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶8
(2018) 2 SCC 22 · Who else cites this
8 provisions across 3 enactments
Prabhat Kumar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
