Allahabad High Court
Nikki @ Ayush vs State Of U.P. on 20 December, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241492
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54115 of 2023
Applicant :- Nikki @ Ayush
Opposite Party :- State of U.P.
Counsel for Applicant :- Shubham Srivastava,Raja Kesarwani
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There are allegations against one Rohit Singh, and against some unknown accused of causing offence of murder of one person, rioting, forming unlawful assembly with common object and with common intention.
Learned counsel for the applicant submits that from the allegation in the first information report and in the statement of the informant, role of firing was assigned to co-accused, Rohit. Subsequently, uncle of the deceased has assigned the role of causing fire arm injury to the applicant as well as named accused, Rohit. There is only gun shot injury found on the person of the deceased. The statement of the uncle of the deceased that applicant and co-accused, Rohit Singh, caused injury is not corroborated from the postmortem report of deceased. He has submitted that the clear role of firing has been assigned to co-accused, Rohit Singh, in the first information report. Joint recovery of two country made pistols have been made from the applicant and co-accused, Rohit Singh. There is no explanation made by the witnessess why two fire arm injuries were not caused to the deceased. Applicant has been falsely implicated by the investigating officer with the help of witnesses. Applicant is in jail since 07.06.2023 and has criminal history of four cases explained in the supplementary affidavit filed today. All the cases appear to be of minor nature.
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, Nikki @ Ayush, involved in Case Crime No.96 of 2023, under Sections 147, 148, 149, 302, 34 I.P.C and Section 3/25, 9/25 (1B)(E)27 Arms Act, Police Station Gwaltoli, District- Kanpur Nagar 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
