Vimal vs State Of U.P.
2022 Latest Caselaw 1077 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2285 of 2022
 

 
Applicant :- Vimal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rupendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Madan Singh
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Rupendra Kumar Mishra, learned counsel for the applicant, Sri Madan Singh, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of applicant Vimal under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 262 of 2021 for offence punishable under Sections 323, 324, 504, 304 of the Indian Penal Code, registered at Police Station- Kanth, District Moradabad during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Moradabad vide order dated 23.12.2021.

Brief facts of the present case are that the first information report dated 21.10.2021 has been lodged against the applicant and other two named co-accused (real brother of the applicant) under Sections 323, 324. 504 I.P.C. by son of the deceased stating therein that on 21.10.2021 at about 10.00 a.m. the applicant and two named co-accused persons committed Marpeet with the first informant, father of the first informant and sustained grievous injuries. Wife of the first informant has also received injury in the incident, due to enmity of dispute of children.

After lodging of the first information report, medical examination of the injured namely Vimla, Sanjay and Naresh were conducted on 21.10.2021 at about 12.20 pm, 12.10 pm and 11.55 am respectively. Injured Naresh has died during treatment on 23/24.10.2021 in the hospital. On the basis of information of Ward-boy inquest of the body of the deceased has been conducted on 24.10.2021 at 10.30 am. Postmortem of the body of the deceased has also been conducted on 24.10.2021 at 1.25 P.M. As per medical report of the injured/deceased Naresh dated 21.10.2021 two lacerated wounds were found on the person of the deceased on left and right side of head measuring 4 cm X 0.5 cm and 3 cm X 0.5 cm. After recording the statements of injured witnesses Sanjay, Vimla and other prosecution witnesses charge sheet has been submitted against the applicant and other two named co-accused persons on 31.12.2021. Applicant was arrested on 30.10.2021.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. General allegations of Marpeet has been assigned to the applicant and other co-accused persons. No specific role or involvement has been attributed to the present applicant. It is further submitted that one F.I.R. has been lodged by the applicant side as cross case under Sections 323, 504 I.P.C. on 26.01.2021 for the same incident. Nipendra and Soni sustained injuries as lacerated wounds on his back of head and Soni complained of pain. The medical examination of co-accused Nipendra and Soni has been conducted in the presence of police constable. It is further submitted that the prosecution has not explained the injuries sustained by co-accused Nipendra and Soni. It is further submtited that as per statements of the injured persons, injured/deceased Naresh fell down on Khadinja and sustained injuries. It is further submitted that other co-accused Nipendra and Dalpat are in judicial custody.

He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail.

Per contra, learned A.G.A. as well as learned counsel for the informant have supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant. But they could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie appears that;

(a) F.I.R. of Case Crime No. 299 of 2021 has been lodged by Smt. Sona W/o co-accused Nipendra against the first informant and the deceased as a cross case. Co-accused Nipendra and Soni have sustained injuries in the cross case.

(b) The injured/deceased Naresh sustained two lacerated wounds on his head.

(c) General allegations of Marpeet has been assigned to the applicant and other co-accused persons.

(d) No specific role or involvement has been attributed to the present applicant.

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

Let applicant, Vimal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) 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.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) 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 of Cr.P.C.

(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 the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.

The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 11.4.2022/AKT