Prem Singh vs State Of U.P.
2022 Latest Caselaw 4347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20529 of 2022
 
Applicant :- Prem Singh
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Amit Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard Sri Amit Srivastava, learned counsel for the applicant and Sri Dinesh Kumar Srivastava, learned AGA for the State-respondent.

The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 223 of 2017, under Sections 420, 406 IPC, Police Station Achhnera, District Agra, during the pendency of trial.

Learned counsel for the applicant contends that the applicant is neither vendor nor vendee of the alleged sale transaction. No amount has been paid to the applicant from the account of the informant. Cheques were given to the informant by co-accused Indul Khan and Asgar Ali. The co-accused Dinesh Pathak has been acquitted by the trial court vide order dated 01.10.2018 passed in Case No. 1195 of 2017. It is next contended that during the pendency of proceedings, the parties have arrived at a compromise. Reference of the same has been given in the judgment of the trial court. The applicant had no knowledge of the proceedings pending before the court below. On 23.03.2022 the applicant came to know about the present proceedings. He surrendered before the court below and since then he is in jail. The applicant has no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Prem Singh, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 26.5.2022

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