Udai Pratap Singh @ Udai Singh Vs State of U.P. Thru. Addl. Prin. Secy. Home Lko.

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Neutral Citation No. - 2024:AHC-LKO:53001

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2478 of 2024

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Applicant :- Udai Pratap Singh @ Udai Singh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko.

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Counsel for Applicant :- Manoj Kumar Srivastava,Mrinal Rai Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for respondent State.

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In the prosecution case, it is alleged that the informant Vijay on 8.8.2021, at about 10.00, along with Anuj Kumar Singh went to purchase beer. There altercation took place with two boys, who were already standing there and abuses were exchanged. They took the beer and went away. As soon as he reached near ply factory those boys returned on two motorcycle having iron rod and danda and assaulted Anuj. Due to which he suffered injury on his head. He was admitted in hospital at Jankipuram Lucknow.

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Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated by the police. He is not named in the FIR. No test identification parade was conducted. The applicant is languishing in jail since 11.8.2021. The injured Anuj (P.W.2) has been examined before the trial court where he has not identified the accused persons including the applicant and has clearly denied the complicity of the applicant in commission of the crime. P.W.1 Vijay Kumar has been declared hostile.

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Learned A.G.A. has opposed the bail prayer and has submitted that the injured received grievous injury on his head and

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remained admitted for a period of approximately one month in hospital.

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Perused the record.

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On due consideration to the the period of incarceration gone into by the applicant, and the fact that he has no criminal antecedents, injured witnesses have been examined, there is no chance of tempering with the evidence so also the statement of P.W.2 and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.

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Let the applicant Udai Pratap Singh @ Udai Singh, involved in Case Crime No.220 of 2021 under Sections 307, 504 Indian Penal Code, Police Station Bakshi Ka Talab, District Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal

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Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

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Order Date :- 31.7.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Udai Pratap Singh @ Udai Singh v. State of U.P. Thru. Addl. Prin. Secy. Home Lko.

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Udai Pratap Singh @ Udai Singh v. State of U.P. Thru. Addl. Prin. Secy. Home Lko.

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