Allahabad High Court
Mantu Kushwaha vs State Of U.P. on 15 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:237788
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48925 of 2023
Applicant :- Mantu Kushwaha
Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra,Sr. Advocate,Vivek Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Mantu Kushwaha, with a prayer to release him on bail in Case Crime No.190 of 2023, under Sections 147, 302, 323, 504, 506/34 I.P.C, Police Station Vishunpura, District- Kushinagar during pendency of trial.
Learned counsel for the applicant has submitted that co-accused, Lallan Kushwaha, has been granted bail by this Court vide order dated 24.7.2023 in Criminal Misc. Bail Application No.32228 of 2023 by the following orders:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation against the applicant and five persons of committing offence of murder of one person.
Learned counsel for the applicant submits that only two injuries have been found on the person of the deceased. (1) Contused swelling 9 x 6 cm. Rt. temporal region just above Rt. (2) Contused swelling 7 x 5 cm. Occipital region 4 cm above C 7 Vertibra. It is not clear, who is author of the aforesaid injuries caused to the deceased. General role has been assigned to all the six accused. There is no incriminating recovery made from the applicant. Applicant is in jail since 28.05.2023 and has no criminal history to his credit.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India 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 considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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, Lallan Kushwaha, involved in Case Crime No.190 of 2023, under Sections 147, 302, 323, 504, 506/34 I.P.C, Police Station Vishunpura, District- Kushinagar 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted."
Learned counsel for the applicant has contended that the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in aforesaid order of co-accused. Number of co-accused have already been enlarged on bail. The applicant is languishing in jail since 28.5.2023.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity. He has submitted that the applicant has criminal history of one case of minor nature.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.12.2023
Ruchi Agrahari
