Allahabad High Court
Prembali Dubey vs State Of U.P. on 16 July, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16547 of 2021
Applicant :- Prembali Dubey
Opposite Party :- State of U.P.
Counsel for Applicant :- Pawnesh Tiwari
Counsel for Opposite Party :- G.A.,Shiv Ram Dubey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 672 of 2020, under Sections 302, 323, 34 IPC, Police Station - Sarai Akil, District - Kaushambi with the prayer to enlarge the applicant on bail.
First Information Report of this incident was lodged by complainant Rahul Kumar Dube against the named accused persons - Prembali Dube, Ajay Dube, Dharmendra Dube and Ranno Devi and it was alleged in the FIR that the accused persons used to destroy the crops of the complainant and also dismantled the field boundary of the complainant. When the complainant went to the house of the accused persons on 28.12.2020 to complain about their conduct, then, the accused persons started beating the complainant with lathi and danda. Then, the father of the complainant Ravi Shanker reached at the place of the occurrence and he was also beaten by the accused persons with lathi and danda and he became unconscious. Later on, he was sent to the hospital. It was also alleged in the FIR that the complainant side also assaulted the accused side with bricks and stones in their defence. The accused side also sustained injuries.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. Further submission is that the present accused is a retired person aged about 70 years and at present he is suffering from various age related ailments. He also submits that there was a free fighting between both the sides and accused side has also sustained injuries and lodged an FIR against the complainant side. Further argument is that the incident is result of sudden provocation and there was no intention of the accused to assault or kill the accused side. The accused side has also sustained injuries on their person in the incident. It is also submitted that general role of assault has been assigned to all the accused with lathi and danda and in the postmortem of the deceased the doctor has found only incise wound. Lastly, it is argued that the applicant is in jail since 28.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. Shri Shiv Ram Dube, learned counsel appearing on behalf of the complainant has opposed the bail application and has stated that the accused persons were aggressor to this incident.
The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, and also considering that four persons were alleged to have participated in the incident and deceased has received only three injuries and accused side has also suffered injuries, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Prembali Dubey involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 16.7.2021
LBY
