Allahabad High Court
Prince @ Utkarsh Pratap Singh ... vs State Of U.P. And Anr. on 9 January, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9007 of 2020
Applicant :- Prince @ Utkarsh Pratap Singh Anticipatory Bail
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Jay Prakash Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant Prince alias Utkarsh Pratap Singh has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0173 of 2020, under Sections 147, 148, 149, 323, 504, 506, 307 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Jethwara, District- Pratapgarh
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vide order dated 17.11.2020, the applicant was granted interim protection by a coordinate Bench of this Court. Gist of the issue involved in the present matter is given in the said order, which is extracted below :
" Heard learned counsel for applicant and the learned AGA and perused record.
This is application for anticipatory bail of the applicant Prince alias Utkarsh Pratap Singh in FIR No.0173/2020 under Section 147, 148, 149, 323, 504, 506, 307 IPC and Section 7 Criminal Law Amendment Act, PS Jethwara Distt. Pratapgarh.
Learned counsel for applicant submits that no firearms injury is assigned to the applicant and, therefore, the role of applicant is entirely different from the rest of the co-accused. He further submits that the head injury is simple in nature as is reported in the injury report.
Learned A.G.A. states that he has having instructions in the matter and as per instructions also, the head injury is simple in nature.
In view thereof, having heard learned counsel for the parties and having perused the record, I am of the considered opinion that the matter requires consideration.
Issue notice to O.P. No.2.
Steps in this regard be taken within three days.
Till the next date of listing, accused-applicant, namely, Prince alias Utkarsh Pratap Singh in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
Under Part-III, Chapter-XVIII, Rule 18 3 (a) of the Allahabad High Court Rules, 1952 (Amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.
In the meantime, learned A.G.A. may also procure complete instructions in the matter and may also file counter affidavit.
Learned counsel for applicant may also file rejoinder affidavit, if any.
List in the first week of December, 2020 on which date this bail application shall be finally disposed of. "
It is submitted on behalf of the applicant that the applicant is innocent. He has been falsely implicated. He has no criminal antecedent. He has not misused the liberty granted by this court. He undertakes to cooperate in the trial. The charge sheet has been filed in the matter.
Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the fact that the applicant has cooperated during investigation.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant was not present at the spot and the fact that the co-accused Yashwant who has been assigned the role of firing has been enlarged on bail as also considering the nature of injuries and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case till conclusion of the trial in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the interim order dated 17.11.2020 is affirmed. However, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on the same bail bond as executed by him in pursuance to the order extracted above, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is disposed of.
Order Date :- 9.1.2023
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