Allowed

Tej Pratap Singh @ Tiger v. State of U.P.

Allahabad HC26 Apr 2023BAIL/4003/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Tej Pratap Singh accused of attempted murder and arms offences. The court held the applicant made out a case due to alibi of false implication, no independent recovery witness, and delay in trial, exercising its discretion to allow bail with conditions.

What did the court decide?

Bail granted on personal bond with two sureties (one being a family member) subject to conditions to attend trials and not tamper with evidence.

Tej Pratap Singh @ Tiger Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4003 of 2023

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Applicant :- Tej Pratap Singh @ Tiger Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Prasad Yadav,Harendra Yadav Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned counsel for the informant 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 it is a cross case and both the side have sustained injury. 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 nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. 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 30.11.2022 and he has no criminal history.

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Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail and have submitted 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, they could not disputed the aforesaid fact.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial in near future, 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 Tej Pratap Singh @ Tiger involved in Case Crime No. 147 of 2022, under Section 307 I.P.C. and section 4/25 Arms Act, Police Station Baresar, District Ghazipur be released on bail on his furnishing a personal bond with two sureties (one should be of family member) 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 :- 26.4.2023

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Bhanu

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

Tej Pratap Singh @ Tiger v. State of U.P.

Case brief

What is this about?

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Tej Pratap Singh @ Tiger v. State of U.P.

Case brief

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