Allahabad High Court
Indresh Tiwari And Anr. vs State Of U.P. on 25 January, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 922 of 2021
Applicant :- Indresh Tiwari And Anr.
Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhakar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicants and learned A.G.A. for the State and perused the record.
The present bail application is filed on behalf of the accused-applicants, Indresh Tiwari and Pawan Kumar Upadhyay, who are involved in Case Crime No.156 of 2020, under Sections 147, 323, 504, 506, 188, 269, 307 of I.P.C. and Section 3 of Epidemic Diseases Act, 1897, registered at Police Station Baldirai, District Sultanpur.
The occasion of present bail application has arisen on rejection of bail plea of applicants by learned Additional Sessions Judge/E.C. Act, Court No.4, Sultanpur, vide order dated 19.08.2020. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel on reading over the first information report submits that as per prosecution story, on 02.07.2020 at about 05:30, one Sandeep Pandey alongwith his companions, due to old enmity, came with lathi and danda, with intention to kill the Pradeep Tiwari, nephew of the complainant and started beating to the complainant, his nephews Lal Ji & Pramod Kumar and brother-Rajendra. All the injured were carried to Baldirai hospital by Ambulance, where the injured were referred to District Hospital, Sultanpur. Lal Ji, Pradeep Tiwari and Rajendra Prasad Tiwari were medically examined by the doctor. As per private medical report of injured Lal Ji, two contusions, one L.W. and one Abrasion was found. As per private medical report of injured Pradeep Tiwari, two L.W., three contusions and one multiple swelling was found. As per private medical report of injured Rajendra Prasad Tiwari, three L.W., one abrasion and one blacking was found.
In the above context, learned counsel for the accused-applicants submits that prima facie no case is made out against the applicants by the record itself, specifically when the medical ocular are not corroborating to the prosecution version. Learned counsel further submits that the applicants are falsely been implicated in the present case only in defence of first information report, lodged by the co-accused namely Sandeep Pandey against the informant. Learned counsel further submits that four persons from the applicant's side got injured, the present applicants are innocent, have been falsely implicated in the present case due to an old enmity and there is no iota of evidence against the applicants even there is no independent witness of the alleged incident.
Learned counsel further submits that the co-accused Sandeep Pandey and Brijiesh Mishra have already been granted bail by a co-ordinate Bench of this Court vide order dated 03.12.2020 passed in Bail No.7287 of 2020 and on the ground of parity, the present accused-applicants may also be released on bail.
Learned counsel further submits that the accused-applicants are local residents of the area, are common man, are not in a position to flee away from the process of the Court, are law abiding persons, are languishing in jail since 04.07.2020 for no fault on their part, having no criminal history, therefore, when they are willing to face the trial, they deserve to be granted bail.
Learned A.G.A. protesting the bail-application submits that the accused-applicants are involved in the offence, therefore, accused-applicants are not innocent, however, he submits that the investigation has already been concluded. So far as the charge sheet with regard to the offence made out against the accused-applicants is submitted before the trial.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicants to enlarge them on bail.
Let applicants (Indresh Tiwari and Pawan Kumar Upadhyay), involved in Case Crime No.156 of 2020, under Sections 147, 323, 504, 506, 188, 269, 307 of I.P.C. and Section 3 of Epidemic Diseases Act, 1897, registered at Police Station Baldirai, District Sultanpur be released on bail on their furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 25.1.2021
Saurabh
