Brijesh Singh Vs State of U.P. Thru. Prin.Secy. Deptt. of Home

Neutral Citation No. - 2025:AHC-LKO:2610

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12771 of 2024

Applicant :- Brijesh Singh Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The present bail application has been filed on behalf of the applicant in Case Crime No.119 of 2022, under Sections 307, 34 of I.P.C., Police Station - Munshiganj, District - Amethi, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that this is fourth bail application of the applicant, however, first bail application was rejected on 16.1.2023 with a direction to the trial court to conclude the trial expeditiously, preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment and learned A.G.A. was also directed to produce a copy of order before the trial court for necessary information and compliance but till today, only four witnesses have been examined. He further submits that injured witness, P.W.1 has not supported the prosecution version and all the witnesses of fact have been examined, therefore, there is no possibility of tampering of evidence. He further submits that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. oppose the prayer for grant of bail, but he does not dispute this fact that at the time of rejection of first bail application of the applicant, there was a direction to the trial court to conclude the trial within preferably a period of one year from the date of production of a certified copy of the order.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Brijesh Singh - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(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 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 IPC.

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(v) 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., 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 IPC.

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(vi) 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.1.2025 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Singh v. State of U.P. Thru. Prin.Secy. Deptt. of Home

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Brijesh Singh v. State of U.P. Thru. Prin.Secy. Deptt. of Home

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