Allowed

Prabhat Singh v. State of U.P.

Allahabad HC27 Mar 2023BAIL/3462/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Prabhat Singh accused of sections 147, 148, 149, 323, 504, 506, 325, 308, 120-B IPC. The court held that the applicant made out a case for bail, citing politician's case principles while not expressing an opinion on the merits.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions preventing tampering, harassment, and unlawful activities.

Prabhat Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3462 of 2023

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Applicant :- Prabhat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh,Raj Kumar Singh,Sheshadri Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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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 applicant is not named in the F.I.R. and his name has come in light in the confessional statement of co-accused. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that injured Rakesh Singh has not assigned any specific role to the applicant. It is further submitted that co-accused Gore @ Sandeep Singh has been granted anticipatory bail by the coordinate Bench of this Court vide order dated 13.09.2022 passed in Criminal Misc. Anticipatory Bail Application No. 7124 of 2022. 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 01.01.2023.

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

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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, 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.

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Let the applicant Prabhat Singh involved in Case Crime No. 01 of 2020, under Sections 147, 148, 149, 323, 504, 506, 325, 308, 120-B I.P.C., Police Station Sarai Inayat, 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.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(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.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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.

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Order Date :- 27.3.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Prabhat Singh v. State of U.P.

Case brief

What is this about?

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Prabhat Singh v. State of U.P.

Case brief

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