Allahabad High Court
Shivam Pratap Singh vs State Of U.P. Thru. Secy. Deptt. Of Home ... on 1 May, 2023
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5777 of 2023 Applicant :- Shivam Pratap Singh Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akhilesh Pratap Singh,Jai Pratap Singh 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.19 of 2023, under Sections 147, 323, 427, 435, 504, 506, 188, 268, 436 & 34 of I.P.C. & Section 15 of the Environment Protection Act read with Section 5/6 Noise Pollution (Regulation and Control) Rules, 2000 and Section 7 of CLA Act, P.S. Gomti Nagar, District Lucknow.
Learned counsel for applicant submits that applicant has no criminal history. He happens to be the Manager of Hotel Milano and Cafe. The owner of the hotel namely, Rahul Sharma has been granted interim protection by this Court vide order dated 02.03.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.571 of 2023, the order is on record as Annexure No.2 to the bail application. He submits that other co-accused persons namely, Shubham Singh, Rishabh Singh @ Krishna, Saurabh Srivastava and Rishabh Singh have also been granted bail by Co-ordinate Bench of this Court vide orders dated 04.04.2023, 05.04.2023, 05.04.2023 and 07.04.2023 passed in Criminal Misc. Bail Application Nos.4472 of 2023, 3590 of 2023, 2485 of 2023 & 4722 of 2023 respectively. He further submits that applicant has been falsely implicated in this case. No offence as alleged in the F.I.R. are made out against the applicant. There is difference between burning of house and burning of car. Applicant seeks parity with the bail orders of aforesaid co-accused persons. He submits that he has no criminal history. He submits that the applicant is in jail since 10.01.2023.
Learned A.G.A. has opposed the bail prayer however, does not dispute the fact that co-accused persons have been granted bail.
On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.01.2023, applicant has no criminal history, the co-accused persons namely, Shubham Singh, Rishabh Singh @ Krishna, Saurabh Srivastava and Rishabh Singh have been enlarged on bail as also the fact that applicant seeks parity, 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 Shivam Pratap 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 :- 1.5.2023 Saurabh Yadav/-