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

Neutral Citation No. - 2025:AHC-LKO:36994

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9039 of 2024

Applicant :- Ashu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Jaikaran, learned counsel for the applicant and Sri Rishikesh Verma, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 9.5.2024 in Case Crime No. 159/2024, u/s 364, 302, 201/34 IPC, P.S. Kotwali Nagar, District Raebareli. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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Attention has been drawn towards the impugned F.I.R. wherein the present applicant is not named inasmuch as the specific allegation has been levelled against one Rabin Singh. In the F.I.R. one unknown person has also been indicated but his antecedents and details are not known to the informant.

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Learned counsel for the applicant has stated that the present applicant is a young boy of 19 years and is having no prior criminal history of any kind whatsoever. He has been implicated in the present case only on the basis of confessional statement of main accused Rabin Singh. The statement of Rabin Singh has been enclosed as Annexure no. 4 with the bail application wherein Rabin Singh has allegedly named three more persons who had allegedly assisted him to commit the offence in question. Those three persons are Rishi Rajput, Lavkush Tiwari and Ashu Singh, the present applicant. Learned counsel has further submitted that there is no eye witness except the confessional statement of the main co-accused. Learned counsel has stated that only on the basis of confessional statement of the main co-accused person the applicant may not be implicated. He has also submitted that the main accused Rabin Singh is having specific motive to kill the deceased namely, Ravi Shankar s/o Jagdish Singh inasmuch as the main accused Rabin Singh was in affairs with a lady with whom the marriage of deceased was settled and the main accused Rabin Singh was willing to eliminate Ravi Shankar so that he could marry with that lady. Learned counsel has submitted that the charge-

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sheet has been filed.

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The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the present applicant is a young boy of 19 years and is having no prior criminal history of any kind whatsoever, he has been implicated in the present case only on the basis of confessional statement of main accused Rabin Singh, in his statement Rabin Singh has allegedly named three more persons who had allegedly assisted him to commit the offence in question namely, Rishi Rajput, Lavkush Tiwari and Ashu Singh, the present applicant, there is no eye witness except the confessional statement of the main co-accused, main accused Rabin Singh was having specific motive to kill the deceased namely, Ravi Shankar s/o Jagdish Singh inasmuch as the main accused Rabin Singh was in affairs with a lady with whom the marriage of deceased was settled and the main accused Rabin Singh was willing to eliminate Ravi Shankar so that he could marry with that lady, charge-sheet has been filed and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

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8. Bail application is allowed .

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Let the applicant Ashu Singh , involved in aforesaid case crime 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 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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(ii) The applicant shall remain present before the trial

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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 Code.

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(iii) 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 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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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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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(v) The applicant shall not leave the country without permission of the Court concerned.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 1.7.2025 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

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

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

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