Peetam vs State Of U.P.
2022 Latest Caselaw 4036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16262 of 2022
 

 
Applicant :- Peetam
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Garun Pal Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Garun Pal Singh, 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 the applicant Peetam under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 743 of 2021 for offence punishable under Sections 302, 323, 147, 504 of the Indian Penal Code registered at Police Station Kosi Kalan District Mathura during pendency of the trial, after rejecting the bail application of the applicant by the Sessions Judge, Mathura vide order dated 31.01.2021.

Brief facts of the case are that the First Information Report dated 20.09.2021 has been lodged by the son of the deceased against the applicant and other four named persons stating therein that on 19.09.2021 at about 6.00 p.m., applicant and other four named persons surrounded the nephew of the deceased, Satendra, near the Chaupal started hurling abuses and assaulted him by lathi and danda intentionally to cause his death. When his father intervened to save his son then the accused persons had beaten his father brutally as a result of which, his father received invisible injuries due to his father died. Nephew of the deceased also received injury.

After lodging the first information report, inquest of the body of the deceased was conducted on 20.09.2021 at 7.31 a.m. Post-mortem of the deceased was also conducted on 20.09.2021 at 2.20 p.m., as per post mortem report, one contusion of 2 cm x 1 cm over the left side of forehead underling fracture of frontal bone and one abrasion 1 cm x 2 cm on mid line neural region and cause of death is due to CR arrest as a result of head injury. The age of the deceased is 85 years. Medical examination of the injured Satendra has been recorded on 21.09.2021 which shows one injury as swelling 3 cm x 3 cm right and dorsal side. After recording the statements of prosecution witnesses and injured witness Satendra, charge sheet has been filed against the applicant and four other named persons. The applicant was arrested on 22.12.2021.

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 allegation of committing marpeet has been assigned against the applicant. It is further submitted that as per allegations made in the F.I.R as well as statement of the injured person, Satendra, the applicant and four other named persons committed marpeet by lathi and danda. It is further submitted that one injury on the forehead was found on the person of the deceased which was ascertained as fatal. It is further submitted that as per F.I.R., no visible injury was found on the person of the deceased. It is further submitted that as per inquest report, no external injury was found on the person of the deceased. It is further submitted that no specific role or involvement has been attributed to the applicant. It is further submitted that no incriminating article has been recovered during investigation.

He has next argued that the applicant has no criminal history 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 five persons including the applicant;

(b) one contusion of 2 cm x 1 cm over the left side of forehead underling fracture of frontal bone was the person of the deceased which was ascertained as fatal and one swelling was on the persons injured Satendra;

(c) general allegation of committing marpeet has been assigned against the applicant;

(d) no specific role or involvement has been attributed to the applicant;

(e) no incriminating article has been recovered during investigation.

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, Peetam 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 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 :- 25.5.2022

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