The Court allowed a bail application for the applicant, noting false implication and parity with a co-accused. Bail granted on personal bond with sureties.
Released on bail on furnishing a personal bond with two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10832 of 2023
Applicant :- Bhanu Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ishraque Farooqui,Shailendra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.
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 a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that there is no evidence against the applicant that he is involved in the conversion of religion of any one. It is further submitted that similarly situated co-accused Anju Rani has been granted bail by the coordinate Bench of this Court vide order dated 20.03.2023 passed in Criminal Misc. Bail Application No. 10580 of 2023 and applicant is also entitled for bail on the ground of parity. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 16 of the affidavit filed in support of the bail application. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. 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 20.01.2023.
Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant
is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he has not disputed the aforesaid facts.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the uncertainty in conclusion of trial in near future, grant of bail to the co-accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Bhanu Pratap Singh involved in Case Crime No. 224 of 2022, under Sections 420, 467, 468, 471 I.P.C. and section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act 2021, Police Station Kotwali, District Fatehpur 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail on grounds of false implication, parity with co-accused, and prolonged trial.
Whether the applicant has made out a case for bail under the relevant authorities.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Bhanu Pratap Singh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
