Allahabad High Court
Pradeep Verma vs State Of U.P. on 26 March, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 1069 of 2021
Applicant :- Pradeep Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Sinha
Counsel for Opposite Party :- G.A.,Bhola Singh Patel
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A as well as learned counsel for the complainant.
Learned counsel for the applicant submits that the cross F.I.R.s have been lodged by both the sides. Pleadings regarding cross F.I.R. are in para 34 of the bail application. Learned counsel for the applicant submits that occurrence, as per the prosecution case is of 12.05.2020 at 4.00 p.m.. From the side of the applicant there are five injured persons. Out of those applicant, his wife and his real brother has suffered grievous injury. The applicant's father, who was 80 years old has been medically examined on 12.05.2020 at 7.00 p.m., his wife has also been medically examined on 12.05.2020. The applicant's medical examination was conducted at 05.16 p.m., prior to the lodging of the F.I.R. against him.. The brother Jagdish has also been examined at 04.35 p.m. on the same day i.e. 12.05.2020. Another co-accused Rahul has been examined at 7.10 p.m. It is thus contented that although, the applicant and co-accused were brought to the hospital by the police, photograph to that effect is on record on the same day i.e. 12.05.2020, prior to lodging of the F.I.R.. However, the F.I.R. from the side of the applicant was not written by the police deliberately and was written on 19.05.2020, which was lodged by his wife. In the F.I.R. the applicant has been assigned the role of "lathi", although the applicant was throughout in police custody since 12.05.2020.. However, the Arrest Memo shows the arrest on 13.05.2020 and Axe is said to have been recovered on the pointing of the applicant. The Arrest Memo does not bear any signature of independent witnesses. The deceased has not suffered any injury to Axe, as per the ante-mortem injuries.
Learned counsel for the applicant further submits that prior to the present incident the opposite party had assaulted the brother of the applicant on 06.05.2020 and in this respect Case Crime No. 149 of 2020, under Sections 147, 323, 504, 506, 188, 269 I.P.C. read with Section 57 Disaster Management Act, Police Station Jaisinghpur, District Sultanpur was registered. It is next submitted that the eye-witnesses, as per statement of the two witnesses, namely complainant Rajbhawan and Suresh etc., they have stated in their statement under Section 161 Cr.P.C. that the Buffaloes of the applicant and the informant started fighting with each other, then the brother of the applicant started to disburse them and in the process he assaulted the Buffaloes with "lathi". Upon this all of a sudden the violence between the two parties erupted and free fight started. Learned counsel for the applicant submits that this is an admitted case of the prosecution. It is next stated that injures received by the accused persons on their vital part in form of lacerated have not been explained by the prosecution. The prosecution case in view of the aforesaid infirmities in the investigation becomes doubtful. The applicant has explained the criminal history in paragraph 37, 38 and 39 of the bail application. The charge-sheet in the matter has been filed. The applicant is in jail since 13.05.2020.
Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. at this stage submits that applicant has a criminal history of Case Crime No. 472/2019, under Sections 302 and 201 I.P.C.and also one case under Section 307 I.P.C.
Learned counsel for the applicant has invited attention to the bail order of the Case No. 472 of 2019, which depicts that applicant name was introduced 11 days after the incident and except last scene witness and confessional statement of the applicant, there was no material and bail was granted by the trial court and as far as the Case Crime No. 456/1999 lodged 20 years ago under Section 307/34, 504 and 506 I.P.C. is concerned that applicant was acquitted vide judgment and order judgment and order dated 31.03.2008. The copy of the judgment is on record.
Learned A.G.A. and learned counsel for the complainant pray that the cross cases may be expedited.
Considering the submission of learned A.G.A. as well as learned counsel for the complainant, the trial Court is directed to expedite the trial in this case as well as in cross case ie. Case Crime No. 174/2020, under Sections 147, 323, 504, 506, 452, 188, 269 and Section 57 Disaster Management Act, Police Station Jaisinghpur, District Sultanpur.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Pradeep Verma, involved in Case Crime No. 162/2020, Under Sections 147, 307, 452, 323, 269, 148, 302, 504, 506, 34, 325 and 188 I.P.C. and Section 57 Disaster Management Act, Police Station Jaisinghpur, District Sultanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The 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.
(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, without sufficient cause, 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 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.
Order Date :- 26.3.2021
Arvind
