Allahabad High Court
Nakul Prajapati vs State Of U.P. on 5 August, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14507 of 2021
Applicant :- Nakul Prajapati
Opposite Party :- State of U.P.
Counsel for Applicant :- Bhupesh Pratap Singh,Jai Prakash Singh,Sanjay Kumar Pal
Counsel for Opposite Party :- G.A.,Nand Lal Yadav
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
There is direct allegation against the applicant that he has caused knife injury in the stomach of the injured and it was found to be grievous by the doctor.
Learned counsel for the applicant submits that for implication under Section 307 IPC intention to cause murder ought to have been proved. From the allegations in the FIR it is clear that the dispute took place on account of blocking of road by by the applicant by putting machine and tractor on the road which resulted into altercation and the present injury was caused by the applicant in the heat of passion. He has submitted that there was no intention to cause murder of the applicant. The applicant is in jail since 25.12.2020 and has no criminal history to his credit.
Learned counsel for the informant, Sri Nand Lal Yadav, has vehemently opposed the bail application of the applicant and has submitted that the applicant has been assigned clear role of causing life threat injury to the injured in his stomach and it is duly certified by the doctor of B.H.U also. He has submitted that the applicant is not entitled to grant of bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Nakul Prajapati, involved in Case Crime No. 181 of 2020, under Sections- 307 and 504 IPC, Police Station- Atrauliya, District- Azamgarh, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 5.8.2022
Rohit
