Allahabad High Court
Ram Pratap Singh @ Pappu vs State Of U.P. on 21 October, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23414 of 2022
Applicant :- Ram Pratap Singh @ Pappu
Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Singh Parihar
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Ram Pratap Singh @ Pappu, with a prayer to release him on bail in Case Crime No. 102 of 2021, under Sections 302,506,34 IPC Police Station Erach, District- Jhansi, during pendency of trial.
The First Information Report was lodged alleging that uncle of the informant, Nepal Singh had gone to the temple alongwith informant. The informant stopped for drinking water and his uncle proceeded forward.Thereafter he heard the cry of his uncle and he ran and reached the place where he saw applicant and two other co-accused surrounding his uncle. Applicant was having an axe in his hand from which he caused the murder of his uncle.
Learned counsel for the applicant has submitted that incident in dispute took place on 27.6.2021 at 10.30 A.M. .The inquest report was made on the same day at 1.20 P.M.. In the inquest report it has been mentioned that murder of Nepal Singh, uncle of the informant, has been done by unknown accused by causing injury by axe. In the opinion of the Panchas it has been clearly mentioned that unknown accused persons have caused his murder .He has further submitted that applicant has been falsely implicated in this case.The deceased was history sheeter and and was released on parole twice. He was convicted in S.T. No.192 of 1982 and awarded punishment for life imprisonment. On account of ulterior motives applicant has been implicated. Co-accused, Sanjay Singh, has been granted bail by this court vide order dated 28.1.2022 in Criminal Misc. Bail Application No. 880 of 2022. The applicant is in jail since 1.7.2021 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant 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 following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same 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.
Order Date :- 21.10.2022
Atul kr. sri.
