Allowed

Suraj Singh @ Prashant Singh v. State of U.P.

Allahabad HC20 Jul 2023BAIL/4257/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an applicant charged with murder and attempted murder under the IPC. The Court found no convincing material indicating a possibility of tampering with evidence and released the applicant on bail subject to strict conditional undertakings.

What did the court decide?

Applicant was released on bail by executing a personal bond and two heavy local sureties subject to strict conditions regarding court attendance and non-interference with witnesses.

Suraj Singh @ Prashant Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:145200

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4257 of 2023

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Applicant :- Suraj Singh @ Prashant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pravin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The prosecution story in brief is that the informant's brother-inlaw ( saala) namely, Atul Singh used to reside with his sister namely, Pushpa Singh in front of his house for the last 20-25 years and the dispute with regard to the landed property of the deceasedAtul Singh was going on with the applicant, being his nephew. On 04.08.2022 at about 01:20 in the night, the applicant with an intention to kill the deceased entered into the house and fired upon him on hearing the gun shot, his sister Pushpa Singh and the Atul Singh awake, thereafter the applicant, ran away, during the course of treatment said Atul Singh died.

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Learned counsel for the applicant submits that the deceased and said Puspha Singh were having illicit relation and the allegation that dispute with regard to the property of the deceased was going on between the applicant and the deceased is totally false and fabricated in view of the fact that the deceased had no landed property, thus there is no motive for the applicant to commit the murder of the deceased. Learned counsel further argued that the incident is alleged to have taken place at about 1:20 A.M. and that there was no source of light and therefore, it is not possible to recognise the applicant in the dark hours. Learned counsel further argued that Smt. Poonam Singh, who is the wife of the informant and real sister of deceased and Bua of the applicant had informed the local police on 112 number thereafter the dead body was handed over to her but she was never interrogated, under Section 161 Cr.P.C. by the Investigating Officer, being the material witness. He next argued that the applicant is a praticising Advocate and he has been falsely implicated in the present case due to partibandi. Several other submissions in order to demonstrate the

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falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 04.08.2022, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Suraj Singh @ Prashant Singh involved in Case Crime No.85 of 2022 under Sections 323, 302, 307, 506 I.P.C., Police Station Meerganj, District Jaunpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during

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trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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 in accordance with law.

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The bail application is allowed.

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Order Date :- 20.7.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Suraj Singh @ Prashant Singh v. State of U.P.

Case brief

What is this about?

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Suraj Singh @ Prashant Singh v. State of U.P.

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