Allahabad High Court
Ajay Kumar @ Pahalwan vs State Of U.P. on 12 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2023:AHC:235636
Reserved on 07.12 2023.
Delivered on 12.12.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45684 of 2023
Applicant :- Ajay Kumar @ Pahalwan
Opposite Party :- State of U.P.
Counsel for Applicant :- Swetashwa Agarwal,Nitin Sharma,Swayamanand Sisodiya
Counsel for Opposite Party :- G.A.,Parvez Alam,Dilip Singh Yadav
Hon'ble Siddharth,J.
Heard Sri Swetashwa Agarwal, learned counsel for the applicant, Sri Parvez Alam, learned counsel for the informant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Ajay Kumar @ Pahalwan, with a prayer to release him on bail in Case Crime No.311 of 2009, under Sections 302, 376, 342, 34 I.P.C., Police Station-Sachendi, District-Kanpur Nagar, during pendency of trial.
Prosecution case is that sister of informant aged about 17 years had gone to ghera at about 6.00 p.m. on 18.08.2009 but did not returned to her house hence missing report was lodged on 19.08.2009 by brother of deceased. On 29.08.2009 first information report was lodged by mother of deceased against Ashok Kumar alias Sanad s/o Hemlal, applicant, Ajay Kumar alias Pahalwan and Dori Lal @ Naher Singh s/o Arjun Singh, alleging that her daughter had gone to ghera for bringing the animal fodder in evening of 18.08.2009 but she did not returned. On 19.08.2009 at about 5.00 a.m. her daughter, Jigyasa, was going towards (fodder machine), in ghera, where she saw accused named above throwing her missing daughter, Vandana, in ghera and running away. Thereafter first information report was lodged. Learned counsel for applicant further submits that implication of applicant by informant on the basis of statement of her daughter, Km. Jigyasa is fabricated and concocted version mentioned in the first information report. Applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 25.09.2023. Co-accused, Sanjai and Dori Lal @ Nahar Singh have been enlarged on bail in Crl. Misc. Bail Application Nos.32626 of 2017 and 22914 of 2019.
Learned counsel for the informant has vehemently opposed the bail application. He has submitted that prior to the incident applicant had threatened the informant that her daughters would be kidnapped. He has further submitted that final report was submitted by Investigating Officer in favour of applicant on 14.07.2014, which was rightly rejected by court below. Applicant and another were summoned for facing trial. After the order 14.08.2014 of the Magistrate summoning the applicant, an application under section 482 cr.p.c. No.37340 of 2014 was filed before this court by applicant, which was disposed of directing the applicant to surrender and apply for bail within 30 days. He did not complied the same. Proceedings under Section 82/83 Cr.P.c was initiated against applicant on 31.05.2017 and then on 20.11.2019. He has absconded for nine years and there is remote possibility that he will cooperate with the trial as he is former Block Pramukh. Therefore, he managed to delay the trial.
Learned AGA has also opposed the submissions made by learned counsel for the applicant.
Learned counsel for the applicant has rejoined and has stated that investigation in this case was conducted by Civil Police as well as C.B.C.I.D. He has submitted that applicant never received any summons/ process issued by the trial court and therefore, he did not appeared before the court below. He has submitted that he was never declared as absconder. He has relied upon a judgement of the Apex Court in the case of Harvinder Singh @ Bachhu Vs. The State of Himanchal Prakesh, in Crl. Appeal No.266-267 of 2015 and submitted that mere absconding by itself cannot constitute the sole reason to convict a person. It may be because an accused may abscond due to fear on an illegal arrest.
After hearing rival contentions, this court finds that the applicant has managed to avoid the court proceedings for about 9 years. The judgment of the Apex Court cited above relates to conviction on account of absconding from trial and it is not about granting of bail. Applicant does not deserves any latitude at this stage
List this case on 13th September, 2024 before appropriate court.
Trial court is expected conclude trial against the applicant in the aforesaid period as per Section 309 I.P.C from the date of production of this order before it.
Order Date :- 12.12.2023
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