Allahabad High Court
Lakhan Singh vs State Of U.P. on 7 November, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:174747
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40729 of 2024
Applicant :- Lakhan Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.55 of 2024, under Sections 109(1), 115, 352, 351, 3(5) of BNS and Section 5/27 Arms Act, P.S. Satti, District Kanpur Dehat.
In the prosecution case it is alleged that while the informant was going for his personal work on a trivial dispute Pradhan Charan Singh and other co-accused persons became adamant to commit maar-peet. Upon objection being raised, they hurled abuses to the informant and threatened to kill. It is further alleged that Lakhan has assaulted him with Butt of the rifle.
Learned counsel for applicant submits that initially the F.I.R. was lodged under Section 115, 352, 351, 3 (5) BNS however, the Investigating Officer after more than two months has produced the informant for statement under Section 183 BNSS before the learned Magistrate. The informant while giving the statement has repeated the prosecution story in the F.I.R. and also made improvement that applicant has fired however, no one has suffered firearm injury. On the basis of this statement, Section 109 (1) BNS was increased. Other injury suffered by the injured are simple in nature. General role has been assigned by him to all the accused persons. No specific role has been assigned to the applicant for causing these simple injuries. Applicant has been falsely implicated in this case due to his long criminal history which is not a bar in granting bail. He submits that the applicant is in jail since 09.10.2024.
He has further relied on the judgment passed by Hon'ble Supreme Court in the case of Prabhakar Tewari vs. State of U.P. and Anr. reported in 2020 (11) SCC 648.
Learned A.G.A. has opposed the bail prayer and has submitted that applicant has a criminal history of 26 cases.
Rebutting the same, learned counsel for the applicant submits that he has explained the criminal history in para 16 of the bail application.
On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 09.10.2024, fact that no one has received firearm injury, the injury report of the injured/informant and the general role assigned to the accused persons of committing the crime, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Lakhan Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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. 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.
Order Date :- 7.11.2024
Saurabh Yadav/-
