Prakash vs State Of U.P.

1. Heard, Learned counsel for the applicant, Sri Gagan Pratap Singh, the Learned counsel for the informant, the Learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.1249 of 2018, under Section 307 I.P.C., Police Station- Vrindavan, District- Mathura.

3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The specific role of causing solitary gunshot injury on the injured was given to the co-accused Kanhaiya. The applicant has a criminal history of one case being Case Crime No.32 of 2018, under Sections 323, 504 & 506 I.P.C. The applicant is said to be on bail in the said case. The applicant is in jail since 30.03.2026.

4. The Learned counsel for the informant Sri Gagan Pratap Singh and the Learned A.G.A., on the other hand, have opposed the prayer for grant of bail and have contended that the applicant has been specifically nominated in the present case. The matter is of the year 2018 and the applicant had absconded and his presence could be secured after great difficulty, when he was arrested by the police. The Learned A.G.A., however, has not been able to dispute the explanation of the criminal antecedents given by the applicant.

5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

6. The police case resulted in the filing of a final report. The applicant is said to have been summoned along with the other accused by the concerned Court through the summoning order dated 5.8.2024. The present case is a complaint case and even otherwise, the applicant is not stated to have caused gunshot injury to the injured. Even in the statements recorded under Section 200/202 Cr.P.C., no role of firing has been assigned on the applicant.

7. Taking into consideration the entire facts and circumstances of the case, prima facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Prakash, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)

May 7, 2026

Sachin