Allahabad High Court
Sonu @ Pramod vs State Of U.P. on 13 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
RESERVED ON 6.2.2023
DELIVERED ON 13.2.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12322 of 2022
Applicant :- Sonu @ Pramod
Opposite Party :- State of U.P.
Counsel for Applicant :- Ramanuj Tripathi,Dhirendra Kumar Srivastava,Hari Krishna Singh
Counsel for Opposite Party :- G.A.,Abhishek Kumar Singh
Hon'ble Siddharth,J.
Heard Shri Ramanuj Tripathi and shri Dhirendra Kumar Srivastava, learned counsels for the applicant; Shri Abhishek Kumar Singh, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sonu @ Pramod, with a prayer to release him on bail in Case Crime No. 104 of 2020, under Sections 302/34, 120-B IPC Police Station Kakod, District- Bulandshahar, during pendency of trial.
There is allegation in the First Information Report that father of the informant, Kalicharan, was residing in Kakod in the house of Suresh Bhati in rent. On 20.5.2020 when he was going to purchase milk at about 17.45 hours then four persons came on motorcycle, namely, Amit Jat, Jai Prakash alias Jaika , Nitin and one unknown accused and they got caused indiscriminate firing on his father and he died.
Learned counsel for the applicant has submitted that applicant was not named in the First Information Report .His name has surfaced in the confessional statement of the co-accused, Amit Jat. He has submitted that confessional statement of the co-accused cannot be read against the applicant. He has submitted that recovery of country made pistol has been made from the co-accused, Amit Jat.
Learned counsel for the informant has informed that recovery of two pistols has been made on the joint pointing out of all the co-accused from the tube well being rapped in a plastics bag. Accused admitted that for recoverd pistols belonged to them. He has submitted that keeping in view of long criminal history of the applicant, consisting of 12 cases, which includes cases of murder and attempt to murder, he is not entitled to be enlarged on Bail.
Learned counsel for the applicant has rejoined and submitted that name of the applicant has surfaced in the confessional statement of co-accused which cannot be read against the applicant at this stage. His confession before the police is also not relevant. The recovery of arms is from open place without any public witness .The applicant is in jail since 23.8.2020. He has further submitted applicant has been acquitted in two cases ,in one case his name was dropped and in other cases he is on bail. Before the trial court the statement of P.W.1 was recorded in April 2022,therefore trial is not likely to be concluded in the near future.
Learned A.G.A. has also opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
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; considering the dictum of Apex Court in the 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; 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 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.
1. Applicant will report his presence before the police station Tappal in the first week of every month till the conclusion of trial.The presence of the applicant will also be communicated to the trial court in every week.
2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
3. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
6. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
7. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :-13.2.2023
Atul kr. sri.
