Allowed

Prempal Singh v. State of U.P.

Allahabad HC22 Apr 2022BAIL/4724/2022

Case brief

AI extract

What is this about?

Court allowed bail to Prempal Singh accused of murder under Section 302 IPC. Court found it a fit case for bail considering delay in recording statements, lack of recovered evidence, and grave nature of allegation but expressed no opinion on merits.

What did the court decide?

Applicant released on bail on executing personal bond and furnishing two sureties with specific conditions regarding tampering, harassment, and appearing in trial.

Prempal Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4724 of 2022

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Applicant :- Prempal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Namman Raj Vanshi, Archit Mehrotra, Krishna Dutt Tiwari, Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Prempal Singh in connection with Case Crime No.1311 of 2020, under Section 302 I.P.C., Police Station Civil Lines, district Moradabad.

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The first information report of this incident was lodged by the complainant against the applicant about the death of his father. It was alleged in the first information report that on 22.09.2020 at about 8.00 p.m. father of the complainant had left his house along with Rs.2,500/-. It was also alleged that when he did not return home till late night then a search was launched but his whereabouts could not be ascertained. It was also alleged that on the next day he received an information that the dead-body of his father was lying near Agvanpur bridge. It was alleged that his father was shot at his forehead and it was suspected that the father of the complainant was killed by the applicant.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the first information report of this incident was lodged on 13.09.2020 and the second statement of the complainant was recorded after about one year, in which the complainant has stated that before the incident the applicant came to the locality where the applicant and other accused were living and the applicant has taken his entire family two days prior to the incident. He submitted that after about one year the applicant was arrested on suspicion and on the basis of his confessional statement he was nominated in this case after about one year. He submitted that there is neither direct nor circumstantial reliable evidence against the applicant his implication in the present case is based only upon suspicion. Nothing incriminating has been recovered either from the possession of the applicant or at his pointing out. He further submitted that the previous criminal history of the applicant has satisfactorily been explained in paragraph no.9 of the paper book and in the supplementary affidavit also. He submitted that the applicant is languishing in jail since 22.10.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State

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of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Prempal Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 22.4.2022 R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.04.27 11:05:07 IST Reason: Location: High Court of Judicature at Allahabad

Prempal Singh v. State of U.P.

Case brief

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Prempal Singh v. State of U.P.

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