Allahabad High Court
Ram Rang vs State Of U.P. on 6 April, 2021
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- BAIL No. - 3308 of 2021
Applicant :- Ram Rang
Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicant and the learned AGA for the State-respondent.
The submission of the learned counsel for the applicant is that as per the prosecution story as narrated in the FIR there was certain dispute between Ram Rang Bharti and Hanuman Prasad Bharti. On the basis of the aforesaid, it is alleged that the Ram Rang Bharti along with his friend Vishnu Pratap had blast a bomb wherein the complainant had received burn injuries. It is further submitted that initially during the course of investigation, the statements were recorded, however, the charge-sheet was filed only against Vishnu Pratap. Subsequently, by exercising the powers under Section 319 Cr.P.C., the applicant was summoned. The applicant had assailed the aforesaid summoning order dated 27.04.2010 by filing a petition before this Court under Section 482 Cr.P.C., and this Court by means of its judgment and order dated 24.05.2010 had set aside the order and remanded the matter before the Court concerned to reconsider under Section 319 Cr.P.C. Subsequently, again the summoning order was passed which was again assailed by the applicant in a Petition U/s.482 Cr.P.C. bearing No.2886/2010 which was finally disposed of on 09.07.2010 requiring the trial court to record specific finding whether there was any evidence against the applicant. The petitioner again thereafter had the occasion to assail the order.
Initially, the third petition U/s.482 Cr.P.C. bearing No.3499/2010 was filed and this Court by means of the order dated 03.09.2010 had stayed the operation and implementation of the order dated 10.08.2010, however, subsequently, the said petition came to be dismissed for want of prosecution on 27.02.2020. It is thereafter that the applicant was apprehended and he has been in jail since 23.02.2021. It is further submitted that the co-accused Vishu Pratap against whom initially charge-sheet had been filed had already been enlarged on bail and the copy of the bail order has been brought on record as Annexure No.11. It is submitted that the applicant has no role and has been falsely implicated and in the aforesaid circumstances, the applicant is entitled to be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.
Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Ram Rang involved in Case Crime No.270/2009, under Sections 307, 504 IPC, Police Station Wazirganj, District Gonda be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall neither influence any witness nor tamper with any evidence after his release.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021
Rakesh/-
