Allahabad High Court
Mohd. Khaleeque vs State Of U.P. on 16 March, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 8983 of 2020
Applicant :- Mohd. Khaleeque
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application has been filed for bail of Mohd. Khaleeque involved in Case Crime No.297 of 2020, under Sections 279, 304 IPC and Sections 183, 184, 185 Motor Vehicles Act, Police Station Fardhan, District Lakhimpur Khiri.
The prosecution story in brief is that deceased Hari Karan Lal, PRD Jawan, was on patrolling duty with PRD Ram Autar, PRD Rajesh Kumar and Head Constable Ram Sewak on 27.07.2020, he was dashed at about 11:30 p.m. by Vehicle No.UP 21 AN 5044, which was driven by the applicant whereby a serious injury was caused and he died. A criminal case was registered under Sections 279, 304 A IPC and Sections 183, 184 and 185 of Motor Vehicles Act but during investigation, offence under Section 304 IPC was also added.
Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that applicant is not named in the FIR, occurrence was happened in midnight and FIR was lodged by son of deceased who was not present at the place of occurrence. Learned counsel further submits that even if the prosecution story is found to be true, the applicant will be liable only for rash and negligent driving which is punishable under Section 304-A IPC and for that offence maximum punishment is only for two years. Learned counsel further submits that since the deceased was PRD Jawan, the Investigating Officer falsely added the offence of Section 304 IPC. Learned counsel for the applicant further submits that the applicant is a law abiding person having no criminal history and is languishing in jail since 28.07.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that at the time of occurrence, the applicant was in drunken state hence, in view of gravity of offence, the applicant is not entitled to be released on bail.
Rebutting the submission made by learned AGA, learned counsel for the applicant submits that after arrest of the applicant, his medico-legal examination was conducted wherein no evidence was found for consumption of liquor by the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Mohd. Khaleeque involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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 :- 16.3.2021
P.s.
