Allahabad High Court
Lavkush vs State Of U.P. on 19 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3447 of 2021
Applicant :- Lavkush
Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the bail-applicant Sri Arun Kumar Gupta, Advocate and learned A.G.A. for the State Ms. Nikita Mishra, Advocate are present in the Court.
The present bail application has been filed on behalf of the accused-applicant-Lavkush, who is involved in Case Crime No.29/2021, under Sections 307, 324 of I.P.C., registered at Police Station Sushant Golf City, District Lucknow.
The occasion of present bail application has arisen on rejection of bail plea of the accused-applicant by learned Session Judge, Lucknow vide order dated 08.02.2021.
Learned Additional Government Advocate for the State to protest the bail plea on the basis of instructions and the copy of the case diary available with him.
Learned counsel for the bail-applicant submitted that the complainant has reported on 16.01.2021 to the police about the incident that his son, who by profession ply a transport vehicle for distribution of milk, to whom one Manoj Kumar and his brothers Lavkush and Raj Kumar enticed to come at their home and when he reached there, they inflicted blows of sharped edged weapon in their arms, thereby, injured him seriously.
Pursuant to the filing of first information report, the police acted and started investigation on the injuries sustained by the victim-Sujeet Kumar, in a near by hospital, where the following wounds were found on his person:-
"1. Abraded contusion 3 cm x 2 cm Rt. face with Lacerated wound below Rt. eye injury K.U.O. Adv. X-Ray skull-Ap view.
2. Lacerated wound 2 cm x 1.0 cm Lt. eyebrow.
3. Contused swelling 4 cm x 2 cm on Lt. face below Lt. eye."
However, all the injuries except the injuries no.1 and 2 were found simple and probably the weapon used in causing injuries, opined by the doctor, to have been hard and blunt object.
Learned counsel submitted that as such the weapon probably might have been used danda (stick). Learned counsel further submitted that the informant had alleged involvement of three offenders namely the present accused-applicant-
Lavkush and his brothers Manoj Kumar and Raj Kumar. During the investigation, Raj Kumar was found minor and his case was separated and in a confessional statement to the police, the present accused-applicant is said to have admitted causing injury on the head of the victim-Sujeet Kumar by danda, on whose pointing out, the police has recovered the danda in the case, where he has hidden the same.
Learned counsel further submitted that the role of present accused-applicat-Lavkush was not causing injury on head and thus offence, as assigned in the confessional statement of Manoj Kumar is only beating the victim by kick and fist. Learned counsel further submitted that the injuries are not of the nature, which may be caused by kick and fist, therefore, the statement of Manoj Kumar can not be believed in this regard. Learned counsel further submitted that irrespective of the aforesaid arguments, the present accused-applicant has no criminal antecedent and he is a man of young age, permanent resident of the locality, therefore, if released on bail, he shall abide himself from the orders of the Court with regard to ensure his presence as and when required in the course of trial, therefore, he should be released on bail.
Learned A.G.A. informs that she has received the instructions and on the basis whereof, she has no reason to deny that the accused-applicant has criminal antecedent, however, she further submitted that investigation is going on. In the circumstances, learned A.G.A. further submitted when the complainant himself has complained about the role of three accused i.e. Manoj Kumar, Lavkush and Raj Kumar in the incident, the present accused-applicant cannot claim himself innocent unless entire investigation is completed and charge sheet is submitted in the Court.
Learned counsel for the bail-applicant in rebuttal of the argument made by learned A.G.A. submitted that the accused-applicant is ready and willing to participate in each and every steps of investigation and even trial, he unnecessarily could not be detained in jail as a trial prisoner when there is prima facie no serious injury caused by him to the victim.
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 Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Learned counsel for the bail-applicant since have submitted that accused-applicant will participate in each and every stage of investigation and will not leave the locality unless informed to the Investigating Officer of the Police Station, he may be released on bail.
Let applicant-Lavkush be released on bail in Case Crime No.29/2021, under Sections 307, 324 of I.P.C., registered at Police Station Sushant Golf City, District Lucknow, on his furnishing a personal bond worth Rs. 1,00,000/- (One lac) 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 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.
Order Date :- 19.3.2021/Saurabh
