Allahabad High Court
Gopi vs State Of U.P. Thru. Prin. Secy. ... on 3 December, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL APPEAL No. - 334 of 2022
Appellant :- Gopi
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
Counsel for Appellant :- Abhai Kumar Singh
Counsel for Respondent :- G.A.,Smriti
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Smt. Divya Tripathi, Advocate holding brief of Sri Abhai Kumar Singh, learned counsel for the appellant, Sri Alok Saran, learned A.G.A. for the State and perused the entire record.
This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgment and order dated 03.02.2022 passed by the learned Special/ IInd Additional Sessions Judge, S.C./ S.T. Act, Lakhimpur Khri in Bail Application No.19 of 2022 (Gopi vs. State of U.P.) arising out of Case Crime No.405 of 2021, under Section 304 I.P.C. and Sections 3(2)(v) S.C./ S.T. Act, Police Station Mitauli, District Kheri, whereby the bail application of the appellant has been rejected.
No one has appeared on behalf of respondent No.2 despite the fact that the name of Ms. Smriti, Advocate has been shown in the cause list.
Learned counsel for the appellant has submitted that the prosecution story is that on 14.11.2021 at about 03:00 PM, the brother of the first informant was accompanied by the appellant who was dropped at his home at about 09:00 PM in an injured condition who succumbed to his injuries at about 06:00 AM on 15.11.2021. The deceased was having cash which he had collected after selling sugarcane.
His further submission is that the first information report has been lodged against the appellant on the basis of false and fabricated facts. The accused/ appellant is innocent who has been falsely implicated in this case.
Learned counsel for the appellant has also submitted that in the first information report, it is stated that when the deceased returned to home and the first informant saw him injured. However, neither the first informant tried to know cause of such injuries from the present appellant or the injured nor any attempt to lodge a prompt first information report was made by him.
His further submission is that had the deceased be brought home by the appellant in such an injured condition, the natural reaction of the first informant would have been to get him hospitalized and to arrange for his medical care. However, the same was not done which makes the case of prosecution doubtful.
Learned counsel for the appellant has also submitted that the accused/ appellant is languishing in jail since 05.01.2022 who has no previous criminal history.
His next submission is that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that the accused/ appellant is named in the first information report. The deceased succumbed to his injuries on 15.11.2021 and cause of death is reported to be coma as a result of ante mortem head injury. Therefore, in such a situation as the appellant has committed a heinous offence, he is not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed.
Having heard the learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record, it transpires that according to first information report, the deceased had sustained several injuries which were six in number according to the postmortem report. The cause of death of the deceased, according to the postmortem report, is coma as a result of ante mortem head injury. However, there is nothing on record to show as to whether the deceased was taken to some hospital or Primary Health Centre for his treatment who was so seriously injured. The appellant himself brought the injured/ deceased to his home. The accused/ appellant is languishing in jail since 05.01.2022 who has no previous criminal history.
Considering the aforesaid overall facts and circumstance of the case, without commenting upon merits, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed. Consequently, the impugned judgment and order dated 03.02.2022 passed by the learned Special/ IInd Additional Sessions Judge, S.C./ S.T. Act, Lakhimpur Khri in Bail Application No.19 of 2022 (Gopi vs. State of U.P.) arising out of Case Crime No.405 of 2021, under Section 304 I.P.C. and Sections 3(2)(v) S.C./ S.T. Act, Police Station Mitauli, District Kheri, is, hereby, set aside.
Let the appellant, Gopi be released on bail in the aforesaid case crime number with the following conditions:-
(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-
(a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) The appellant 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.
(iii) The appellant shall cooperate with investigation /trial.
(iv) The appellant 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 appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant 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.
(vii) The appellant shall remain present, 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 appellant 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.
(viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 Cr.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 3.12.2022
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