Allahabad High Court
Ram Achal vs State Of U.P. & Anr. on 17 June, 2021
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- CRIMINAL APPEAL No. - 722 of 2020
Appellant :- Ram Achal
Respondent :- State Of U.P. & Anr.
Counsel for Appellant :- Ravindra Shukla
Counsel for Respondent :- G.A.,Narendra Pratap Mishra
Hon'ble Narendra Kumar Johari,J.
Case is taken up through video conferencing.
Heard learned counsel for the appellant and learned AGA for the State through video conferencing.
This appeal has been filed against the judgment and order dated 19.05.2020 passed by learned Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No.641 of 2020 (Ram Achal vs. State of U.P.) arising out of Case Crime No.658 of 2019, under Sections-302/ 34, 120-B I.P.C. & 3 (2) (v) SC/ST (P.A.) Act, P.S.-Lambhua, District-Sultanpur, whereby the bail application filed by the appellant has been rejected by the trial Court.
The prosecution case, in brief, is that on 02.10.2019, the informant's brother Baljeet had gone from his house at about 6:30 p.m. towards Mishrauli Chauraha to purchase some house hold articles. His dead body found on 03.10.2009 near the road of Narainpur Mishrauli Canal. The informant, upon information, reached the place of occurrence and found that his brother had died. In post mortem report injuries found antimortem, was caused by sharp edged weapon, which were present on his head, neck and hand. Sensing suspicion that murder of his brother would have been caused by one Ram Achal, Ram Newaj, Satish and Ram Nayan, first information report was lodged at about 10:06 a.m. on 03.10.2019.
Learned counsel for the appellant/applicant has submitted that applicant is innocent and has falsely been implicated in the case. There was a matrimonial dispute in between husband (applicant) and his wife and the deceased- Baljeet was his brother-in-law in relation (cousin of his wife) who was murdered on 02/3.10.2019. In the F.I.R. a doubt has been created upon appellant/applicant for causing death of deceased in collusion with co-accused persons. The occurrence is based upon circumstantial evidence. Nowhere, it has been shown that appellant/applicant was present on spot during commission of alleged crime. There are discrepancies in the statements of witnesses recorded under section 161 Cr.P.C. and the incriminating article like Banka has been recovered from pointing out of co-accused Munnar @ Munna. It has also been shown that co-accused persons were close friend of deceased. In his confessional statement, the co-accused Munnar @ Munna has submitted that the deceased Baljeet was killed by him with the help of co-accused Indey Yadav, Sahil Soni and Sani Upadhyay and when he attacked on the head of deceased by Banka, Indey Yadav had caught the legs of deceased. They have committed murder in conspiracy with applicant/appellant. Investigating Officer has not collected any evidence of conspiracy. No recovery of any incriminating article has been shown from the possession of appellant/applicant. The co-accused Indey Yadv and Sani Upadhyay has been released on bail by this Court vide orders dated 09.11.2020 & 14.12.2020 passed in Criminal Appeal Nos.584 of 2020 & 699 of 2020. Chargesheet has been submitted. The applicant is languishing in jail since 23.02.2020 without any criminal history. Lastly, he submits that if, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the contention argued by learned counsel for the appellant/applicant.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is likely to be concluded in near future, the appeal has substance hence, this appeal and also bail application of the appellant/applicant is allowed, order dated 19.05.2020, passed by learned Special Judge, SC/ST (P.A.) Act, Sultanpur, is hereby set aside.
Let appellant- Ram Achal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) he will not indulge in any criminal activities.
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii). The applicant shall cooperate with investigation /trial.
(iv). 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.
(v). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi). In case, the applicant misuses the liberty of bail during trial 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.
(vii). The applicant shall remain present, 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.
Order Date :- 17.6.2021
Reena/-
