High Court

1. Heard Ms Anamika Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. This is the second short term bail application. The first short term bail application was allowed on 19.12.2024, the order reads as under: "(Short Term Bail No. IA/2/24)

1. Heard Ms Anamika Singh, learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant- Lucky Singh@ Praveen Kumar Singh is in jail since 27.08.2024 in FIR No. 55 of 2024, under Sections 498A, 304 B, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Aaspur Devsara, District Pratapgarh.

3. At the very outset Sri Arun Verma, learned A.G.A. has drawn attention of this Court towards the Annexure-C.A.3 of the counter affidavit, which is a statement of the victim (since deceased) recorded just before her death. This statement has been recorded by the Sub-Inspector concerned and the pen-drive of the aforesaid statement has been prepared, which is a part of the Case Diary. In that statement victim (since deceased) has categorically stated that her husband, mother-in-law and brother-in-law (dewar), who is the present applicant have set her into fire by pouring the petrol on her. Mother-in-law has hold her hairs, her husband has poured the petrol on her and her brother-in-law (dewar)/ present applicant has burnt her. In such a critical burn injury, she was hospitalized. She categorically stated that she wants justice.

4. Sri Arun Verma has informed that on account of such severe burn injury she succumbed to death. Sri Verma has stated that the role of the husband, mother-in-law and the present applicant is so heinous and brutal, but as per her statement, the most heinous role played by the present applicant. Though, he has stated that this is a short term bail application, where the present applicant is willing to appear for physical examination and document verification test on 09.01.2025, therefore, any appropriate order may be passed protecting the interest of the prosecution.

5. Ms. Anamika Singh, learned counsel for the applicant has drawn attention of this Court towards Annexure-1 of the short term bail application, which is an admit card and result of the applicant. Annexure- 2 is the copy of the admit card of applicant for document verification, wherein the information has been given that the physical examination test and document verification exercise would be carried out on 09.01.2025. She has submitted that the culpability of the present applicant may be ascertained and verified during the course of trial and if he is found guilty, he would have to face consequences, but in case learned trial court passes any order in his favour and he does not appear in physical examination and document verification test for the post of constable in U.P. Police, his entire career will be ruined. She has submitted that the present applicant shall not misuse the liberty, if granted, and shall abide by all terms and conditions of the short term bail order.

6. Considering the aforesaid facts and circumstances, I find it appropriate that the present applicant Lucky Singh@ Praveen Kumar Singh be enlarged on short term bail from 04.01.2025 to 10.01.2025 under the custody of two police Guards/Constables/Head Constables/Police Officers/Officials, who shall escort the applicant ensuring that the present applicant does not influence the witness or evidence of the prosecution.

7. Those police Guards/Constables/Head Constables/Police Officers/Officials shall also ensure that the present applicant may appear for physical examination doing regular exercise, workout etc, but does not meet to any other public person except his core family members. The applicant shall not be indulged in any other activities except such activities, which are required for preparation of physical examination.

8. The Jail Authority concerned shall handover the custody of the present applicant to those police officers/officials on 04.01.2025 before noon and the custody of the applicant shall be handed over to the Jail Authority on 10.01.2025 evening to be more precise on or before 5.30 p.m.

9. The necessary arrangements shall be done by the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh.

10. Let the copy of this order be provided to the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh by the Registry of this Court within three working days, to be more precise on or before 02.01.2025.

11. It is made clear that, if in the aforesaid period the present applicant does not follow the aforesaid conditions or tries to indulge in any other activities, the police officers/officials, who are accompanying the present applicant may apprise this fact to the Superintendent of Police, Pratapgarh who may take appropriate coercive steps against the applicant ensuring that the conditions, so imposed by this Court are abide by in its letter and spirit.

12. It is expected from the authorities concerned to make compliance of the aforesaid order properly.

13. With the aforesaid observations/directions, the short term bail application is disposed of.

14. List this regular bail application on 16.01.2025 within top ten cases. This case may be taken up at 1.00 p.m..

15. On that date, learned counsel for the applicant and learned A.G.A. shall apprise about the development(s) in the present case."

3. As per learned counsel for the applicant, the present applicant- Lucky Singh@ Praveen Kumar Singh is in jail since 27.08.2024 in FIR No. 55 of 2024, under Sections 498A, 304 B, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Aaspur Devsara, District Pratapgarh.

4. The first short term bail was granted for the reason that the present applicant was to appear in a Physical Examination and Document Verification Test for recruitment on the post of Constable in U.P. Police. By means of this second short term bail application, the present applicant has prayed for short term bail for the reason that on 21.02.2025 he will have to appear for Physical Efficiency Test (in short P.E.T.) as Admit Card to that effect has been enclosed as Annexure No.4 to the short term bail application.

5. Ms. Anamika Singh has stated that in compliance of the aforesaid order, the present applicant was handed to the Jail Authority in terms of order dated 19.12.2024 (supra). She has further submitted that the present applicant had not misused the liberty of short term bail, therefore, considering the fact that he is to appear for P.E.T. on 21.02.2025, his short term bail application may be allowed.

6. Considering the aforesaid facts and circumstances, I find it appropriate that the present applicant, Lucky Singh@ Praveen Kumar Singh, be enlarged on short term bail from 19.02.2025 to 21.02.2025 under the custody of two police Guards/Constables/Head Constables/Police Officers/Officials, who shall escort the applicant ensuring that the present applicant does not influence the witness or evidence of the prosecution. The present applicant shall be released from jail by 11:00 a.m. on 19.02.2025 so that he could practice for his P.E.T. at Police Lines, Pratapgarh.

7. Those police Guards/Constables/Head Constables/Police Officers/Officials shall also ensure that the present applicant may appear for physical examination doing regular exercise, workout etc, but does not meet to any other public person except his core family members. The applicant shall not be indulged in any other activities except such activities, which are required for preparation of physical examination.

8. The Jail Authority concerned shall handover the custody of the present applicant to those police officers/officials on 19.02.2025 before noon and the custody of the applicant shall be handed over to the Jail Authority on 22.02.2025 on or before 05:00 p.m.

9. The necessary arrangements shall be done by the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh.

10. Let the copy of this order be provided to the Superintendent of Police, Pratapgarh and Superintendent Jail, Pratapgarh by the Registry of this Court within 24 hours, to be more precise, on or before 18.02.2025.

11. It is made clear that, if in the aforesaid period the present applicant does not follow the aforesaid conditions or tries to indulge in any other activities, the police officers/officials, who are accompanying the present applicant may apprise this fact to the Superintendent of Police, Pratapgarh who may take appropriate coercive steps against the applicant ensuring that the conditions, so imposed by this Court are abide by in its letter and spirit.

12. It is expected from the authorities concerned to make compliance of the aforesaid order properly.

13. With the aforesaid observations/directions, the second short term bail application is disposed of.

14. List this regular bail application on 10.03.2025 within top ten cases.

15. On that date, learned counsel for the applicant and learned A.G.A. shall apprise about the development(s) in the present case.

16. It is made clear that on account of the fact that the present applicant has been granted short term bail twice by me, this case may not be treated as tied-up or part-heard to me. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 Suresh/

1. Heard Ms Anamika Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. This is the second short term bail application. The first short term bail application was allowed on 19.12.2024, the order reads as under: "(Short Term Bail No. IA/2/24)

1. Heard Ms Anamika Singh, learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant- Lucky Singh@ Praveen Kumar Singh is in jail since 27.08.2024 in FIR No. 55 of 2024, under Sections 498A, 304 B, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Aaspur Devsara, District Pratapgarh.

3. At the very outset Sri Arun Verma, learned A.G.A. has drawn attention of this Court towards the Annexure-C.A.3 of the counter affidavit, which is a statement of the victim (since deceased) recorded just before her death. This statement has been recorded by the Sub-Inspector concerned and the pen-drive of the aforesaid statement has been prepared, which is a part of the Case Diary. In that statement victim (since deceased) has categorically stated that her husband, mother-in-law and brother-in-law (dewar), who is the present applicant have set her into fire by pouring the petrol on her. Mother-in-law has hold her hairs, her husband has poured the petrol on her and her brother-in-law (dewar)/ present applicant has burnt her. In such a critical burn injury, she was hospitalized. She categorically stated that she wants justice.

4. Sri Arun Verma has informed that on account of such severe burn injury she succumbed to death. Sri Verma has stated that the role of the husband, mother-in-law and the present applicant is so heinous and brutal, but as per her statement, the most heinous role played by the present applicant. Though, he has stated that this is a short term bail application, where the present applicant is willing to appear for physical examination and document verification test on 09.01.2025, therefore, any appropriate order may be passed protecting the interest of the prosecution.

5. Ms. Anamika Singh, learned counsel for the applicant has drawn attention of this Court towards Annexure-1 of the short term bail application, which is an admit card and result of the applicant. Annexure- 2 is the copy of the admit card of applicant for document verification, wherein the information has been given that the physical examination test and document verification exercise would be carried out on 09.01.2025. She has submitted that the culpability of the present applicant may be ascertained and verified during the course of trial and if he is found guilty, he would have to face consequences, but in case learned trial court passes any order in his favour and he does not appear in physical examination and document verification test for the post of constable in U.P. Police, his entire career will be ruined. She has submitted that the present applicant shall not misuse the liberty, if granted, and shall abide by all terms and conditions of the short term bail order.

6. Considering the aforesaid facts and circumstances, I find it appropriate that the present applicant Lucky Singh@ Praveen Kumar Singh be enlarged on short term bail from 04.01.2025 to 10.01.2025 under the custody of two police Guards/Constables/Head Constables/Police Officers/Officials, who shall escort the applicant ensuring that the present applicant does not influence the witness or evidence of the prosecution.

7. Those police Guards/Constables/Head Constables/Police Officers/Officials shall also ensure that the present applicant may appear for physical examination doing regular exercise, workout etc, but does not meet to any other public person except his core family members. The applicant shall not be indulged in any other activities except such activities, which are required for preparation of physical examination.

8. The Jail Authority concerned shall handover the custody of the present applicant to those police officers/officials on 04.01.2025 before noon and the custody of the applicant shall be handed over to the Jail Authority on 10.01.2025 evening to be more precise on or before 5.30 p.m.

9. The necessary arrangements shall be done by the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh.

10. Let the copy of this order be provided to the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh by the Registry of this Court within three working days, to be more precise on or before 02.01.2025.

11. It is made clear that, if in the aforesaid period the present applicant does not follow the aforesaid conditions or tries to indulge in any other activities, the police officers/officials, who are accompanying the present applicant may apprise this fact to the Superintendent of Police, Pratapgarh who may take appropriate coercive steps against the applicant ensuring that the conditions, so imposed by this Court are abide by in its letter and spirit.

12. It is expected from the authorities concerned to make compliance of the aforesaid order properly.

13. With the aforesaid observations/directions, the short term bail application is disposed of.

14. List this regular bail application on 16.01.2025 within top ten cases. This case may be taken up at 1.00 p.m..

15. On that date, learned counsel for the applicant and learned A.G.A. shall apprise about the development(s) in the present case."

3. As per learned counsel for the applicant, the present applicant- Lucky Singh@ Praveen Kumar Singh is in jail since 27.08.2024 in FIR No. 55 of 2024, under Sections 498A, 304 B, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Aaspur Devsara, District Pratapgarh.

4. The first short term bail was granted for the reason that the present applicant was to appear in a Physical Examination and Document Verification Test for recruitment on the post of Constable in U.P. Police. By means of this second short term bail application, the present applicant has prayed for short term bail for the reason that on 21.02.2025 he will have to appear for Physical Efficiency Test (in short P.E.T.) as Admit Card to that effect has been enclosed as Annexure No.4 to the short term bail application.

5. Ms. Anamika Singh has stated that in compliance of the aforesaid order, the present applicant was handed to the Jail Authority in terms of order dated 19.12.2024 (supra). She has further submitted that the present applicant had not misused the liberty of short term bail, therefore, considering the fact that he is to appear for P.E.T. on 21.02.2025, his short term bail application may be allowed.

6. Considering the aforesaid facts and circumstances, I find it appropriate that the present applicant, Lucky Singh@ Praveen Kumar Singh, be enlarged on short term bail from 19.02.2025 to 21.02.2025 under the custody of two police Guards/Constables/Head Constables/Police Officers/Officials, who shall escort the applicant ensuring that the present applicant does not influence the witness or evidence of the prosecution. The present applicant shall be released from jail by 11:00 a.m. on 19.02.2025 so that he could practice for his P.E.T. at Police Lines, Pratapgarh.

7. Those police Guards/Constables/Head Constables/Police Officers/Officials shall also ensure that the present applicant may appear for physical examination doing regular exercise, workout etc, but does not meet to any other public person except his core family members. The applicant shall not be indulged in any other activities except such activities, which are required for preparation of physical examination.

8. The Jail Authority concerned shall handover the custody of the present applicant to those police officers/officials on 19.02.2025 before noon and the custody of the applicant shall be handed over to the Jail Authority on 22.02.2025 on or before 05:00 p.m.

9. The necessary arrangements shall be done by the Superintendent of Police, Pratapgarh and Superintend Jail, Pratapgarh.

10. Let the copy of this order be provided to the Superintendent of Police, Pratapgarh and Superintendent Jail, Pratapgarh by the Registry of this Court within 24 hours, to be more precise, on or before 18.02.2025.

11. It is made clear that, if in the aforesaid period the present applicant does not follow the aforesaid conditions or tries to indulge in any other activities, the police officers/officials, who are accompanying the present applicant may apprise this fact to the Superintendent of Police, Pratapgarh who may take appropriate coercive steps against the applicant ensuring that the conditions, so imposed by this Court are abide by in its letter and spirit.

12. It is expected from the authorities concerned to make compliance of the aforesaid order properly.

13. With the aforesaid observations/directions, the second short term bail application is disposed of.

14. List this regular bail application on 10.03.2025 within top ten cases.

15. On that date, learned counsel for the applicant and learned A.G.A. shall apprise about the development(s) in the present case.

16. It is made clear that on account of the fact that the present applicant has been granted short term bail twice by me, this case may not be treated as tied-up or part-heard to me. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 Suresh/