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

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Neutral Citation No. - 2025:AHC-LKO:24541

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 761 of 2025

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Applicant :- Parul Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko.

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Counsel for Applicant :- Akash Dikshit Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Akash Dikshit, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.251 of 2024, under Sections 103(1), 351(3) B.N.S., registered at Police Station Bangermau, District Unnao.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2024 against the applicant, his brother Rahul Singh and his father Keshanpal Singh stating that the informant's elder brother had gone to demand his wages from the co-accused Rahul Singh and some altercation took place between them. One Neeraj Yadav present on the spot mediated and sent both the persons away. The applicant and his brother Rahul Singh again caught hold of the informant's brother Vishnu Pal Singh. The informant's younger brother Shyam Singh also reached the spot. On the exhortation of co-accused Keshan Pal Singh, the applicant and his brother Rahul Singh had beaten up the informant's brother. He was taken to the hospital where he was declared dead.

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The postmortem examination report of the dead body

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mentions a contused swelling of size 4cmX4cm present on back of skull on occipital region and abraded contusion of size 1cmX1cm present on the cheek and the cause of death has been opined to be coma due to ante mortem head injury.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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In the statement of the mother of the deceased recorded by the Investigating Officer she stated that the applicant and his brother Rahul Singh had brought her son Vishnu Pal Singh and made him sit on a cot. She asked co-accused Rahul Singh as to what happened, whereupon he told that he slapped Vishnu Pal due to which fell down from a takhat and fell unconscious. The copies of statements of PW-1 and PW-2 recorded by the trial court have been annexed with the application and both of them have been declared to be hostile.

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The learned counsel for the applicant has submitted that the trial of co-accused Rahul Singh is complete and he has been acquitted by means of a judgment and order dated 27.02.2025, passed by learned Sessions Judge, Unnao in Session Trial No.1718 of 2024.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that both the prosecution witnesses have turned hostile; that the applicant's brother coaccused Rahul Singh against whom similar allegations have been levelled has been acquitted; that the applicant has no previous criminal history and he is languishing in jail since

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18.11.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Parul Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 29.4.2025 Ram.

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

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

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

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