Allahabad High Court
Pradeep Singh vs State Of U.P. on 24 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3694 of 2021
Applicant :- Pradeep Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant Sri Ashok Kumar Srivastava, Advocate and learned A.G.A. for the State and perused the record.
The present bail application is filed on behalf of the accused-applicant-Pradeep Singh, who is involved in Case Crime No.818 of 2020, under Sections 306, 386 of I.P.C., registered at Police Station Lalganj, District Pratapgarh.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Additional Sessions Judge, Court No.1, Pratapgarh vide order dated 10.02.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned A.G.A. is present to protest the bail-application, to whom the instructions are received and informs that after conclusion of investigation, submission of charge sheet has been done before the Court concerned.
Learned counsel for the bail-applicant reading over the first information report, lodged by one Dharmendra Kumar Sharma on 21.11.2020 with local police station, submitted that the information is with regard to suicide committed by informant's brother at about 11:00 A.M. by hanging himself.
It is further submitted by learned counsel for the bail-applicant that a suicide note was found in the pocket of the deceased, according to which, the responsibility of suicide committed by the deceased is upon one Pradeep Singh son of Heera Singh and his brother-in-law, Bhishan Singh, resident of Village Dihwa Belaha, Lal Ganj, Pratapgarh as they were blackmailing him regularly. The photocopy of suicide note is on record and made annexure no.2, which also, on perusal, is not disclosing, what was the secret, whereupon the deceased was being blackmailed by the aforesaid Pradeep Singh and Bhishan Singh.
Learned counsel for the bail-applicant further submitted that in the first information report, the informant has also not made any allegation specifically with regard to the 'secret' of threatening of publication was being given whereupon the deceased in relation to which felt himself blackmailed. For the first time, this came into statement, recorded during investigation by the Investigating Officer, of the informant that the blackmailing was being done on the threat of making publication of the secret, which might have derogate the reputation of the deceased and on the threat, extortion was also being done with demand of money, however, this is not stated in suicide note.
Learned A.G.A. have not denied the fact that there is no evidence as to any secret which were threatened to be opened by the present accused-applicant or any evidence or independent witnesses about the extortion on the basis of threat to open the secret by publishing the same so as to derogate the reputation of the deceased.
In view of the aforesaid facts and circumstances, learned counsel for the bail-applicant submitted that the accused-applicant be released on bail so as to put his defence in the course of trial as and when required. Learned counsel further submitted that the accused-applicant is a common man, not in a position to flee away from the process of the Court and is ready and willing to face the trial, if released on bail.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Pradeep Singh), involved in Case Crime No.818 of 2020, under Sections 306, 386 of I.P.C., registered at Police Station Lalganj, District Pratapgarh be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
(ii) 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 Code.
(iii) In case, the applicant misuse 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.
(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 applicants 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.
Order Date :- 24.3.2021
Saurabh
