Allahabad High Court
Saravan And Another vs State Of U.P. Thru. Prin. Secy. ... on 22 August, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9251 of 2022
Applicant :- Saravan And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
Counsel for Applicant :- Rakesh Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicants, Sri Narendra Gupta, learned counsel for the first informant and Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicants Saravan and Deshraj under Section 439 of the Code of Criminal Procedure, with a prayer to release them on bail in Case Crime No. 260 of 2022 for offence punishable under Sections 323, 504, 308 of the Indian Penal Code, registered at Police Station- Mahmoodabad, District- Sitapur during pendency of the trial.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that the first information report dated 13.06.2022 has been lodged against the four persons including the applicants stating that the incident took place on 27.05.2022 at about 08:00 P.M. and applicants abused and assaulted the first informant. It is further submitted that in the said incident 7 persons sustained injuries out of which, one injured Nanha sustained grievous injury on his head and one lacerated wound is present on the right side back of head; as per x-ray report one fracture of tarito-temporal bone of skull was found. As per statement of the injured Nanha, general allegations of committing marpit has been assigned. No specific role or involvement has been attributed to the present applicants. It is further submitted that as per statement of the first informant, lathi blow has been assigned to co-accused Guddu.
It is next contended that there is no other criminal antecedent to their credit. It is next submitted that there is also no possibility of the applicants either fleeing away from the judicial process or tampering with the witnesses. The applicants, who are languishing in jail since 15.07.2022, undertakes that they will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra, learned A.G.A. as well as learned counsel for the first informant have supported the order passed by the court below and vehemently opposed the prayer for grant of bail to the applicants and submits that the matter is reported as non-cognizable report on 28.05.2022 and further submits that the allegations involved are very serious in nature and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail. But they would not point out any material to the contrary. He further submits that in case the applicants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.
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 applicants, Saravan and Deshraj be released on bail in the aforesaid case crime number on their 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 applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicants 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 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 :- 22.8.2022
Ishan
