Allahabad High Court
Subalal 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. - 3808 of 2021
Applicant :- Subalal
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
Called on.
Heard learned counsel Sri Ashok Kumar Srivastava, Advocate for the accused-applicant, learned Additional Government Advocate Ms. Nikita Misra, Advocate, for the State who has received the instructions and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicant-Subalal who is involved in FIR/Case Crime No. 103 of 2019, under Sections 147, 149, 323, 308, 302, 504, 506 IPC, Police Station Baghrai, District Pratapgarh.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Sessions Judge, Pratapgarh vide order dated 29.08.2019.
Learned Additional Government Advocate for the State to protest the bail plea on the basis of instructions and the copy of the diary available with her.
On perusal of the First Information Report, learned counsel for the bail-applicant submitted that there is general role against all the accused persons who are 9 in number, even no specific arms are assigned to anyone of the 9 accused persons including the present accused-applicant. The statement recorded by the Investigating Officer in the course of investigation has also not assigned any specific injury to have been caused by inflicting the blow of any particular weapon hold by any particular accused. The injuries of the injured in the incident are shown but the injuries of the deceased are shown as simple in nature. The deceased was subjected to post-mortem examination wherein one injury on the head is found causing coma, resulting into death by ante-mortem head injury. The accused-applicants are involved in the case under Section 147 IPC alongwith other offences, even Section 302 IPC.
Learned counsel for the accused-applicant further submitted that the co-accused persons, who were equally circumstanced and involved in the case, namely, Smt. Meera Devi and Narendra Kumar Sharma, have already been granted bail by Co-ordinate Benches of this Court vide orders dated 03.02.2021 and 22.03.2021 passed in Bail Nos. 7154 of 2020 and 3469 of 2021 respectively. Learned counsel for the bail-applicant sought release of the present accused-applicant on the ground of parity. Learned counsel further submitted that the present accused-applicant is a local resident of the area, a common man, has no criminal antecedent and willing to participate in the trial, as such should be released.
Learned AGA submitted that she has received instructions and on the basis whereof she has reason to show involvement of the present accused-applicant alongwith other co-accused persons in the offence under Section 147 IPC as they were armed and beaten jointly the deceased and other victims, wherein the death occasioned and the accused-applicant being arraigned under Section 147 IPC, none of the accused including the present accused can claim innocence in the matter. Learned AGA has, however, not denied that the present accused-applicant has no any criminal antecedent except present one.
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.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant-Subalal be released on bail in FIR/Case Crime No. 103 of 2019, under Sections 147, 149, 323, 308, 302, 504, 506 IPC, Police Station Baghrai, District Pratapgarh, on his furnishing a personal bond worth Rs. 100,000/- (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 :- 25.3.2021
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