Indramohan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 15134 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11090 of 2022
 

 
Applicant :- Indramohan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Vijay Pathak,Vineet Jaiswal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Counter affidavit filed by the learned AGA is taken on record.

Learned counsel for the applicant prays for and is permitted to make necessary correction in the memo of bail application during the course of the day.

Heard Shri Vijay Pathak, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The applicant, Indramohan has moved the present bail application seeking bail in Case Crime No. 0362 of 2022, under Sections 323, 304, 504 I.P.C., Police Station Kotwali Nagar, District Gonda.

Learned counsel for the applicant submits that applicant has falsely been implicated in the present case due to village party bandi and enmity. No such incident took place as alleged by the prosecution. As per the F.I.R. four persons were named including the applicant and general allegation was levelled against all the accused persons that they beaten the deceased by lathi-danda, kicks and fists, on account of which he sustained injuries, and ultimately the deceased died after three days of the incident. As per the postmortem report of the deceased cause of death was shock and hemorrhage due to ante mortem injuries.

Learned counsel for the applicant further submits that no specific role or specific weapon has been assigned to all the accused persons either by the informant or by any of the witnesses or injured persons. A general role has been assigned to all of the accused, as such, in absence of any specific allegation that applicant or other accused persons have assaulted the deceased it cannot be said that applicant had given fatal injury. There are four persons named and four injuries were found in the postmortem of the deceased and it cannot be said that who caused fatal injury to the deceased. Except the deceased two other persons were injured in the said incident, who sustained simple injuries on their person as per their medical reports.

Learned counsel for the applicant further submits that prosecution story as set up is totally false and fabricated, the applicant is an old man aged about 65 years, no specific role has been assigned to the applicant, no incriminating article has been recovered from his possession or on his pointing out, therefore, he should be released on bail by this Court sympathetically.

Learned Counsel for the applicant further submits that the co-accused namely Ankit and Indramohan, who have been assigned similar role to that of present applicant, have already been granted bail by this Court vide orders dated 14.10.2022 and 22-08-2022 passed in Bail Nos. 11676 of 2022 and 9287 of 2022, respectively. Therefore, the case of the applicant is not on the worse footing than that of the co-accused, against whom similar allegation was levelled by the prosecution, have already been granted bail by this Court. Thus bail application of the present applicant may also be considered by this Court sympathetically and he should be released on bail by this Court.

Learned counsel for the applicants further submits that the applicant is in jail since 30.05.2022 and has by now done a substantial period of incarceration and applicants are old aged persons and are suffering from several diseases. In support of his argument, he has placed reliance on paragraph 12 of the judgment of Hon'ble Apex Court in the case of Bakshish Ram and another Vs. State of Punjab in Criminal Appeal No. 969 of 2009, which reads as under:

"12 ) With regard to the case of appellant no.2/Dalip Kaur, it has been contended that she is an 80 years old lady and is suffering from various age related ailments . This factual assertion is not disputed by the respondents . Looking at the age of the appellant it does not seem fair to hold her back in jail during the pendency of appeal even if she had been convicted for the alleged serious offence , against which she has come before this Court . Furthermore , in the peculiar circumstances of this case and in view of the fact , that the appellant No. 2 is an old lady of 80 years of age and she had already been in jail for more than one year , in our view , she is entitled for the relief prayed in the application .............."

Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history, which fact has been stated in para-21 of the affidavit filed in support of bail application and that in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.

Learned A.G.A. opposed the prayer for bail.

After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, and considering the fact that no specific role has been assigned to any of the accused persons; no specific weapon has been assigned to the applicant; general allegation has been levelled against all the accused persons; none of the witnesses have assigned any specific role or having specific weapon to the applicant or other accused persons; the applicant is an old man aged about 65 years; on the similar allegations the aforesaid co-accused have already been granted bail by this Court, therefore, the case of the applicant also does not appear to be on the worse footing than that of the aforesaid coaccused, thus, the bail application of the applicant is being considered by this Court sympathetically; and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the cases of Bakshish Ram (supra) and Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

The prayer for bail is granted. The application is allowed.

Let the applicant, Indramohan involved in Case Crime No. 0362 of 2022, under Sections 323, 304, 504 I.P.C., Police Station Kotwali Nagar, District Gonda, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(5) In case, the applicant misuses the liberty of bail 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.

(6) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against him in accordance with law.

(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

(8) 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.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

Order Date :- 22.10.2022

GSY