Allahabad High Court
Prashant Singh @ Aashu Singh vs State Of U.P. on 29 June, 2021
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- BAIL No. - 6528 of 2021 Applicant :- Prashant Singh @ Aashu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J.
Heard, Shri Dhirendra Pratap Singh, learned counsel for the accused-applicant and Sri Anurag Singh Chauhan, learned Additional Government Advocate for the State through Video Conferencing.
Learned counsel for accused-applicant submitted that the accused-applicant has been falsely implicated in the instant case on the basis of gang chart. There are two cases mentioned in the gang chart against the applicant. The first case mentioned is Case Crime No.448/2015, under Section 323, 326 I.P.C., Police Station- Bachrawan, District-Raebareli in which the applicant has been enlarged on bail by the lower court. In the second case mentioned as Case Crime No.630 of 2019 under Section 147, 364, 342, 323/34 506 I.P.C. and Section 3(2)V of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities Act) 1989 and Section 66 Information of Technology Act, Police Station Unchahar, District Raebareli the applicant has been enlarged on bail by this Court vide order dated 05.02.2020 passed in Criminal Appeal No.2503 of 2019, copy of which is annexed as Annexure No.3 to the application.
It has been further submitted that applicant is in jail since 06.04.2021 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and involve in any other crime and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.
Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case and the fact that the accused-applicant has been enlarged on bail in all the cases against him and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the accused-applicant, Prashant Singh @ Aashu Singh involved in Case Crime/F.I.R. No. 154/2021, under Sections 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Unchahar, District - Raibareli, be released on bail 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 which are being imposed in the interest of justice:-
(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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.
(vi) 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.
(vii) 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 :- 29.6.2021 Akanksha S.