Allahabad High Court
Harivansh Singh @ Munna Singh vs State Of U.P. Thru. Addl. Chief Secy. ... on 25 August, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:49864
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 8550 of 2023
Court No. - 12
HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard Sri Atul Verma, learned counsel for the applicant, Sri R.B.S. Rathaur, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.223 of 2021, under Sections 147, 148, 149, 302, 307, 504, 506, 427 & 325 of I.P.C. and Sections 7 of Criminal Law Amendment Act, P.S. Udaipur, District Pratapgarh.
3. In the prosecution case it is alleged that at the time of demarcation of boundary regarding Gata Nos.903 & 904 a dispute erupted between the parties. It is alleged that while the family members of the informant Ajay singh, Ravendra Singh, Kuldeep Singh, Vertham Singh and Vinod Kumar Singh were returning after giving information to the police station at about 03:30 pm as soon as they reached near the house of Ravendra Singh named accused persons including the present applicant attacked upon them with lathi, danda and spear due to that all of them suffered grievous injury.
4. Learned counsel for the applicant submits that in the F.I.R. general role of causing injury was assigned to all the named accused persons. The complainant however, while recording statement under Section 161 Cr.P.C. has given specific role of applicant for causing injury to the deceased. The co-accused Dinesh Singh has been attributed role of assault on the head of the same deceased by iron rod. Another co-accused Tribhuvan Singh has been attributed the role of assault on another victim Kuldeep Singh through spear. Another co-accused Virendra Singh has been attributed role of assault by spear upon Ravendra Singh. He submits that all the accused persons namely, Akhilesh, Harikaran Singh, Anuj Singh, Ugrashen, Tribhuwan Singh and Dinesh Singh have been granted bail by Co-ordinate Benches of this Court vide orders dated 29.11.2022, 20.01.2023, 20.01.2023, 16.01.2023, 24.05.2023 & 17.08.2023 passed in Criminal Misc. Bail Application Nos.4268/2022, 8150/2022, 5421/2022, 4284/2022, 2493/2023 & 7090/2023 respectively. It is submitted that the victim Ajay Singh died. In the statement of the complainant under Section 161 Cr.P.C. role of causing stab wound on the neck by use of spear has been assigned to the applicant whereas co-accused Dinesh Singh (supra) has been attributed the role of assault on the head of the same deceased. He submits that out of 20 only five prosecution witnesses have been examined so far. Applicant is languishing in jail since 30.11.2021 and he has incarcerated approximately 3 years and 8 months in jail.
5. It is lastly submitted by learned counsel for the applicant that cross-cases were filed by both sides and from the side of applicant, three persons have sustained injuries including the applicant and 10 persons have been charge-sheeted under Sections 427, 336 of IPC in the cross-F.I.R. registered from the side of the applicant. The grievous injury sustained by the injured from the applicant side have not been explained by the prosecution in the prosecution case.
6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer however, do not deny the fact that cross version of the F.I.R. has been registered by the applicant side through an application under Section 156(3) Cr.P.C. in which ten persons have been charge-sheeted.
7. Perused the record.
8. A perusal of the post mortem report shows that cause of death is due to shock and hemorrhage as a result of ante mortem neck injury. The deceased has suffered following ante mortem injuries:-
"i. L.W. present @ Lt. occipital region size 5 x 2cm;
ii. stab wound present on neck @ slightly Rt. side 8cm below chin 4cm above Rt. clavicle size with 2 x 1cm and muscle deep; and
iii. Abd. present @ medial end of Rt. clavicle size with 2 x 5cm."
9. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 30.11.2023, injuries sustained by the injured on applicant side have not been explained by the prosecution, out of 20 only 5 witnesses have been examined so far, all the co-accused persons named above have been granted bail by Co-ordinate Benches of this Court so also the judgment passed by Hon'ble Apex Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024andwithout expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
10. Accordingly, the bail application is allowed.
11. Let the applicantHarivansh Singh @ Munna Singhbe 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 Panel Code (now Section 269 of BNS).
(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. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS).
August 25, 2025
Saurabh Yadav/-
