Allahabad High Court
Abhishek Pratap Singh @ Chunnu vs State Of U.P. Thru. Prin. Secy. Home Lko. on 26 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:49248 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2823 of 2023 Applicant :- Abhishek Pratap Singh @ Chunnu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh,Umang Agarwal Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Heard Shri Ram Chandra Singh, learned counsel for the accused-applicant and learned A.G.A for the State and perused the record.
2. This bail application has been filed seeking release of accused/applicant Abhishek Pratap Singh @ Chunnu on bail, who is involved in Case Crime No. 10 of 2021, under Sections 147, 148, 149, 452, 323, 325, 504, 506, 427, 302, 34 I.P.C and Section 7 Criminal Law Amendment Act, Police Station Musafirkhana, District Amethi.
3. Learned counsel for the applicant submitted that the applicant and co-accused Vishwanath Pratap Singh has been assigned role of firing with gun but in the First Information Report the applicant was assigned the role of assaulting deceased with lathi, however the same was changed in the statement of the complainant recorded under Section 161 Cr.P.C. As per the statement of complainantin the changed version, the applicant has been assigned role of firing with gun.
4. Learned counsel further submitted that the other co-accused Raghunandan Singh, Uday Pratap Singh and Akhilesh Pratap Singh have been assigned role of assaulting with lathi and danda. He has further drawn attention of the Court towards the anti-mortem injuries which indicate that there are four injuries caused to the deceased. Injury no. 1 and 2 was caused with stick and injury no. 3 was caused by fire arm. It has been further submitted that there is only one injury of fire arm and the same is not assigned to accused-applicant and the deceased died due to anti-mortem injury.
5. Learned counsel further stated that co-accused namely Brijesh Pratap Singh, Raghunandan Singh, Rajendra Bahadur Singh and Udai Pratap Alias Udai Pratap Singh Alias Beenu have already been granted bail in Criminal Misc. Bail Application no. 12032 of 2021 vide order dated 20.04.2022, Criminal Misc. Bail Application no. 4236 of 2022 vide order dated 29.04.2022, Criminal Misc. Bail Application no. 5148 of 2022 vide order dated 24.05.2022, and Criminal Misc. Bail Application no. 4752 of 2022 vide order dated 13.05.2022 respectively.
6. Learned counsel for complainant had also filed Special Leave Petition before Hon'ble Supreme Court (Special Leave Petition (Criminal) Diary No(s). 18538/2022) for cancellation of bail of the accused namely Brijesh Pratap Singh, but the same was dismissed.
7. Learned counsel for the applicant further submitted that it is cross-case and First Information was lodged as Case Crime No. 0350 of 2021 under Sections 323, 504, 506 and 427 I.P.C. He further stated that there is no criminal history against the applicant and he is languishing in jail since 12.01.2021.
8. Learned A.G.A. has opposed the prayer for grant of bail but could not dispute the contention of learned counsel for applicant.
9. Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by the learned counsel for the parties, considering the fact that co-accused namely Raghunandan Singh, Uday Pratap Singh and Akhilesh Pratap Singh have already been granted bail, the argument that there is only one fire arm injury and the same is not assigned to the applicant-accused, I find it to be a fit case for grant of bail.
10. The bail application is allowed.
11. Let the accused/applicant Abhishek Pratap Singh @ Chunnu involved in above-mentioned case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not communicate with any of the prosecution witness including the informant and the violation of this condition alone shall be a sufficient ground for the trial court to cancel the facility of bail granted to the applicant.
(ii) Applicant shall not take adjournment on any of the date on which the prosecution witness(s) are in attendance and in this regard shall file an undertaking before the trial court.
(iii) If in case of any exigency/urgency the applicant is not able to appear before the trial court he shall instruct his counsel engaged in the trial court to do all required for early disposal of the case including the cross examination of any prosecution witness.
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(v) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
14. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 26.7.2023 DiVYa