Ram Milan Pal vs State Of U.P.
2022 Latest Caselaw 817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43383 of 2021
 

 
Applicant :- Ram Milan Pal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Tripurari Pal
 
Counsel for Opposite Party :- G.A.,Pragya Nand Shukla,Varun Kumar Chaubey
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Anil Srivastava, learned Senior counsel assisted by Sri Tripurari Pal, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of applicant Ram Milan Pal under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 43 of 2021 for offence punishable under Section 304 of the Indian Penal Code registered at Police Station Mail, District Deoria, during pendency of the trial, after rejecting the bail application of the applicant by the Sessions Judge, Court no.3, Deoria vide order dated 08.09.2021.

Brief facts of the case are that the First Information Report dated 08.04.2021 at 10.30 p.m. has been lodged by the father of the deceased against the applicant and 3 other named persons stating that on 07.04.2021 at about 10.30 p.m, informant was present at the door after taking dinner and in the meantime, applicant and other named accused persons all of sudden came and had hot talks with his son Gulab (deceased) and thereafter all the accused persons jointly assaulted his son by kicks and fist due to which he became serious and was admitted to Bhagalpur, Hospital wherein he succumbed to injures and died.

After lodging the first information report, inquest of the deceased was conducted on 08.04.2021 at 11.40 hours. Post -mortem was conducted on 08.04.2021 at 3.40 P.M. As per post -mortem report, one abrasion below right side of eye lid as part, contused swelling occipital bone were found on the person of the deceased and cause of death is on account of comma as a result of head injuries. Viscera was preserved, However, its report is awaited.

After recording recording the statements of prosecution witness, namely, Ram Dhari Pal, Sada Vriksh Lali Devi and Lilita Devi and completing the investigation, charge sheet has been filed against the applicant and other accused persons on 13.05.20221 The applicant was arrested on 13.05.2021.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that general of role of cause injuries has been assigned to the applicant and other named accused and no specific role has been attributed to the applicant. It is further submitted that only one fatal injury was found on the persons of the deceased. It is further submitted that according to post mortem report, cause of death could not be ascertained and viscera was preserved and report is still awaited. It is further submitted that co-accused Ajai Pal and Ram Nivas Pal having similar role have been granted bail coordinate Benchs of this Court in Criminal Mise. Bail Application No. 44370 of 2021 and Criminal Mise. Bail Application No. 41852 and vide orders dated 08.03.2022. Certified copies of bail order produced which is taken on record.

He has next argued that the applicant has no criminal history to his credit. if the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is not convicted in cognizable offence by any court.

Per contra, learned AGA has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the FIR cannot be said to be fatal to the case at this juncture while considering the application of bail. But he 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, has been lodged against the applicant and other four named accused persons;

(b) one contused swelling on occipital bone injury was found on the person of the deceased.

(c) general role of causing injuries has been assigned to the applicant and named persons;

(d) no specific role has been attributed to the applicant.

(e) co-accused Ajai Pal and Ram Nivas Pal having similar role have granted bail coordinate Benchs of this Court.

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, Ram Milan Pal 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/endeavour 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 alongwith 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 :- 8.4.2022

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