Allahabad High Court
Rohit Nishad vs State Of U.P. on 10 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58665 of 2022
Applicant :- Rohit Nishad
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Singh
Counsel for Opposite Party :- G.A.,Ashwani Kumar Sachan,Saurabh Sachan
Hon'ble Siddharth,J.
Heard Sri Ajay Singh, learned counsel for the applicant, Sri Saurabh Sachan, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against six named and 3-4 unnamed accused in the first information report regarding causing offence of murder, rioting forming illegally assembly with common object and common intention.
Learned counsel for the applicant submits that the applicant was not named in the first information report. In the statement of mother recorded on the next date she has assigned role to the applicant that he along with Vikas and Rahul, took the deceased along with them. His murder was committed by the named co-accused persons. Learned counsel for the applicant has further pointed out to the statement of brother of the deceased recorded after 24 days, wherein general role has been assigned to all the accused persons. Applicant is in jail since 02.08.2022.
Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that the deceased suffered 19 injuries, out of which there were three gun shot wounds and seven wounds were bone deep. It is a case of brutal murder of the deceased. He has further submitted that the mother of the victim has assigned the role of calling the deceased from his home to the applicant and therefore, he does not deserves to be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
After hearing rival contentions, it is clear that the role of causing injuries has been specifically assigned to the named accused persons. There is no witness stating the applicant caused injuries to the deceased. At most applicant may be implicated under Section 34 I.P.C read with 302 I.P.C, which is required to be determined during the trial.
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, Rohit Nishad, involved in Case Crime No.570 of 2022, under Sections 147, 148, 149, 302/34 I.P.C, Police Station Kalyanpur, 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.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Order Date :- 10.2.2023
SS
