Allowed

Jai Prakash Singh v. State of U.P. and Another

Allahabad HC10 Nov 2022CRLA/6231/2022

Case brief

AI extract

What is this about?

In an appeal challenging the rejection of bail, the Allahabad High Court ordered the release of the appellant on bail. The court relied on witness hostility and the denial of the appellant's involvement in the alleged crime leading to an enlargement on bail.

What did the court decide?

Impugned order dated 18.08.2022 released; appellant enlarged on bail by furnishing personal bonds and two sureties.

Jai Prakash Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 36

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Case :- CRIMINAL APPEAL No. - 6231 of 2022

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Appellant :- Jai Prakash Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Durgesh Kumar Singh,Anil Kumar Rai Counsel for Respondent :- G.A.,Jyoti Prakash

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Durga Kumar Singh, learned counsel for the appellant; Sri Jyoti Prakash, learned counsel appearing for the informant and; learned AGA for the State.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 18.08.2022, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Varanasi, in Case Crime No. 434 of 2020, under Sections - 307, 504 I.P.C. and Sections 3(2)(v), 3(1)(Dha) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Rohania, District - Varanasi , whereby bail application of the appellant has been rejected.

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Earlier, the appellant had filed similar bail application. It was rejected by the learned court below, vide order dated 18.11.2020 which led to filing of Criminal Appeal No. 316 of 2021. That also came to be rejected vide order dated 21.12.2021.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.

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Having heard learned counsel for the parties and having perused the record, it transpires, the appellant is in confinement for more than two years. Pursuant to the FIR lodged, chargesheet has been submitted and the trial has progressed to some extent. Crucially, the statements of the first informant (brother of the injured) and the injured have been recorded.

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Both witnesses have turned hostile. They have completely denied the involvement of the present appellant in causing the firearm injury to the injured. Heavy reliance has been placed on specific denial made by the injured to the role alleged in the FIR against the present appellant.

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Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.

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Accordingly, this appeal is allowed and the impugned order dated 18.08.2022, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Jai Prakash Singh , involved in the aforesaid crime be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.

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Order Date :- 10.11.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.11.10 17:35:27 IST Reason: Location: High Court of Judicature at Allahabad

Jai Prakash Singh v. State of U.P. and Another

Case brief

What is this about?

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Jai Prakash Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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