Allahabad High Court
Buddha Pal Singh vs State Of U.P. on 28 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3062 of 2021 Applicant :- Buddha Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Priya Singh,Amit Daga,Anurudh Kumar Prajapati,Niklank Kumar Jain Counsel for Opposite Party :- G.A.,Upendra Upadhyay Hon'ble Vivek Agarwal,J.
None for the applicant though link was sent to the learned counsel for the applicant. Sri Upendra Upadhyay, learned counsel for the complainant and Sri G.P. Singh, learned AGA for the State.
On the last date i.e. 07.05.2021, case was adjourned as nobody was present for the applicant in spite of providing link of hearing through video conferencing. Then on 15.06.2021, when case was listed then learned counsel for the applicant prayed for time to file rejoinder affidavit.
No rejoinder affidavit has been filed till date though counter affidavit was filed by the State on 12.02.2021.
A perusal of the counter affidavit reveals that name of the applicant has been roped in on the confessional statement of co-accused Vineeta, who has admitted participation of present applicant in the crime.
It has come on record that initially FIR was lodged under Section 363 IPC at Police Station Jathaura, District Etah on 27.07.2020, but later on, dead body of minor daughter of the complainant was recovered at the instance of co-accused Vineeta, resultantly charge sheet has been filed under Sections 302, 120B, 201 and 34 IPC against the applicant and co-accused persons.
At this stage, learned counsel for the complainant submits that accused has already been convicted in another case and was granted benefit of bail which liberty has been misused in committing the present crime. He further submits that if applicant is enlarged on bail he will commit more crimes and shall misuse the liberty in threatening the witness and influencing the trial.
At this stage, Anand Priya Singh appears and submits that he has already given no objection in favour of another counsel Sri Amit Daga and the name of Sri Amit Daga is mentioned in the cause list but he has not chosen to appear.
Looking the nature and gravity of offence and looking to the fact that in Sessions Case No.1015 of 1997 applicant is already on bail and has misused the bail, I am not inclined to extend the benefit of bail in favour of the applicant.
Application fails and is dismissed.
Order Date :- 28.6.2021 Ravi/-