Allahabad High Court
Dan Bahadur Singh @ Dhanna Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 16 July, 2025
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:40692
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3668 of 2025
Applicant :- Dan Bahadur Singh @ Dhanna Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko
Counsel for Applicant :- Vineet Kumar Mishra,Malti Mishra
Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Vineet Kumar Mishra, learned counsel for the applicant, Shri Anand Pratap Singh, learned A.G.A. for the State and Shri Anurag Shukla, learned counsel for the informant.
2. The present applicant is in jail since 28.03.2023 in Case Crime No.0123 of 2023 under Sections 341, 147, 148, 149, 307, 302, 506 and 120-B IPC, Police Station- Manjhila, District- Hardoi.
3. Learned counsel for the applicant has stated that the co-accused Virendra Singh @ Bade Singh, Suraj and Neeraj, the name of the present applicant has surfaced. The co-accused persons Virendra Singh @ Bade Singh, Saurabh Kumar @ Sajjan, Kallu Singh, Suraj Singh, Neeraj Singh, Ranveer Pratap Singh @ Raja Babu, Raghav Singh, Shashivendra Singh @ Chhotake Singh and Purushottam have been granted bail vide orders dated 21.02.2025, 05.03.2025, 18.06.2025, 13.06.2025,18.06.2025 & 15.07.2025 in Criminal Misc. Bail Application Nos.1641/2025, 2000/2025, 5475/2025, 5371/2025, 5474/2025, 2458/2025, 5981/2024 & 13211/2024 and there is no likelihood to conclude the trial in near future. Learned counsel for the applicant has further stated that out of total 12 accused persons against whom the chargesheet has been filed, nine accused persons have been granted bail and role of the present applicant is similar to those co-accused persons, therefore, the present applicant may be enlarged on bail on the basis of principles of pairity. Learned counsel further stated that the present applicant is having no prior criminal history except the present case and when he was in jail, gangster Act has been invoked.
4. Learned counsel for the applicant has referred the dictum of the Apex Court in re; Gokarakonda Naga Saibaba v. State of Maharashtra, (2018) 12 SCC 505, wherein it has been held that if all fact/ material witnesses have been examined, the bail application of the accused may be considered. Besides, he has relied upon the judgments of the Apex Court in re; Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No. 693 of 2021 (Arising out of SLP (Crl) No.3610 of 2020), wherein the Apex Court has held that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial period then the period of incarceration may be considered as a fresh ground. Learned counsel has submitted that in the present case, all fact/ relevant witnesses have been examined, therefore, the present applicant may be enlarged on bail. He undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.
5. Sri Anurag Shukla, learned counsel for the informant has opposed the bail application with vehemence saying that the bail of the co-accused Virendra Singh @ Bade Singh was granted by this Court vide order dated 21.02.2025 for the reasons that despite the specific direction being issued by this Court rejecting the first bail application of that accused person to conclude the trial within one year, the trial could not be concluded within time so stipulated. However, after the aforesaid order having been passed, the trial court expedited the proceedings and except the formal witness, all relevant/fact witnesses have been examined. Therefore, Sri Shukla has further submitted that this is a case of double murder and trial court is trying its level best to conclude the trial with expedition inasmuch as the prosecution is cooperating in the trial but the defence is filing application so far as to delay the trial.
6. Learned AGA has also opposed the aforesaid bail application by submitting that this is a case of double murder and during the course of investigation culpability of the present applicant has been found, so if, he enlarged on bail, he may influence the trial.
7. On being asked from learned counsel for the opposite parties as to whether all relevant/fact witness have been examined, learned counsel for the opposite parties have stated that those witnesses have been examined and the evidence of formal witnesses is being recorded.
8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that nine co-accused persons have already been granted bail, all fact/ relevant witnesses have been examined and still some prosecution witnesses are to be examined, thereafter the defence witnesses would be examined, therefore, there is no possibility of the trial to be concluded in near future; considering the dictum of the Apex Court in re; Gokarakonda Naga Saibaba (supra), K.A. Najeeb (supra) and Paras Ram Vishnoi (supra), considering the period of incarceration of the present applicant and considering the undertaking that appliant shall co-operate in the trial proceedings, shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail.
9. Accordingly, the bail application is allowed.
10. Let applicant- (Dan Bahadur Singh @ Dhanna Singh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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.
(ii) 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 IPC/269 of the B.N.S., 2023.
(iii) 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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023.
(iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court.
11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law.
Order Date :- 16.7.2025
Reena/-
(Rajesh Singh Chauhan,J.)
