Allahabad High Court
Badkau vs State Of U.P. on 25 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3850 of 2021
Applicant :- Badkau
Opposite Party :- State of U.P.
Counsel for Applicant :- Farooq Ayoob,Neelam Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant Sri Farooq Ayoob, Advocate, learned A.G.A. for the State, Sri S.K. Tiwari, Advocate and perused the record.
The present bail application is filed on behalf of the accused-applicant-Badkau, who is involved in Case Crime No.23/2021, under Sections 452, 307, 323, 504, 506 of I.P.C., registered at Police Station- Dewa, District- Barabanki.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Sessions Judge, Barabanki vide order dated 2.3.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel for the bail-applicant submitted that the present accused-applicant and his son is arraigned in the offence alongwith other co-accused. He further submitted that in the F.I.R., the allegation of inflicting blow of banka on the head of mother of the complainant is assigned to co-accused, Israil. So far as the present accused applicant is concerned, he is assigned with arm like lathi in his hand. The medical examination report made during the investigation dated 19.1.2021 refers four injuries which are as follows:-
"Details of injuries:-
1- Old stitched wound present on (Lt.) side head, 4.0cmx0.5cm, 6cm above (Rt.) ear.
2. A traumatic swelling with contusion 3cmx1cm present on (Lt.) eye upper lid (Blue) in colour.
3. Contusion 4cmx1cm present on (Rt.) side chest 20 cm below (Rt.) axilla (brown colour)
4. Complain of pain on all over body."
The doctors had opined that nature of injuries are caused by hard and blunt object, one of them at Sr. No.1 refers for further treatment, however, injuries are simple in nature. On C.T. Scan doctors proclaimed that the injury no.1 is a dangerous injury and C.T. Scan was done in District Hospital, Barabanki.
Learned counsel further submitted that the case of present accused applicant is distinguished from that of the co-accused, Israil to whom lethal weapon like banka is assigned, as such, this is a matter of evidence to be tried in the course of trial that whether the lethal injury is caused by the present accused-applicant or the co-accused to whom hand lethal weapon is assigned.
Learned counsel further submitted that no criminal antecedent is assigned any time to the present accused-applicant, he is a common man, local native, permanent resident of area, therefore, he is not in a position to flee away from the process of the Court and willing to participate in the trial.
Learned A.G.A. protest the bail application and has submitted that instructions is received to him, according to which investigation has been completed and charge sheet filed in the court. He has no denial as to the lacking of criminal antecedent on the part of the present accused applicant.
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-applicant to enlarge him on bail.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Badkau), involved in Case Crime No.23/2021, under Sections 452, 307, 323, 504, 506 of I.P.C., registered at Police Station- Dewa, District- Barabanki be released on bail on his 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 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 misuse 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 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 him in accordance with law.
Order Date :- 25.3.2021
Gaurav/-
