Allahabad High Court
Rakesh Kumar vs State Of U.P. on 20 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:240857
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53966 of 2023
Applicant :- Rakesh Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Hiralal
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Hiral lal, learned counsel for the applicant and learned A.G.A. for the State.
There are allegations against the applicant and six others co-accused of committing offences of forming unlawful assembly, rioting, murder, causing disappearance of dead body with common objection and with common intention of two persons.
Learned counsel for the applicant submits that the applicant was not named in the first information report. General role of causing murder of two persons, who are mother and daughter was assigned to all the persons. Subsequently during investigation and in the confessional statement of co-accused, Maona alias Lal Singh, he confessed that both mother and daughter were done to death by his own country made pistol. He has submitted that dimension of injury suffered by both the deceased is also same. The motive of crime is also assigned to the applicant, who was related as cousin to one deceased and nephew to other deceased. There is dispute regarding property. Father of the deceased did not had any child. He has adopted to the deceased, Km. Priyanka.
Learned counsel for the applicant further submits that no role has been assigned to the applicant in commission of offence of murder. He has been implicated on the basis of Sections 149 and 120-B I.P.C. The ingredients for constituting the aforesaid offence can only be decided after evidence led before the trial court and not at the stage of consideration of bail application. There are general allegations against the applicant and other co-accused except co-accused, Maona @ Lal Singh. Applicant is in jail since 11.10.2023 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, Rakesh Kumar, involved in Case Crime No. 301 of 2023, under Sections 147, 148, 149, 302, 201 and 120-B I.P.C, Police Station- Gaunda, District- Aligarh 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.
Order Date :- 20.12.2023
SS
