Allahabad High Court
Ranga @ Doctor @ Pradeep vs State Of U.P. on 13 February, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2001 of 2023
Applicant :- Ranga @ Doctor @ Pradeep
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Sajiwan Prajapati,Pramod Kumar Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the charges levelled against him and there is no direct evidence against the applicant. He further submits that the applicant was not named in the F.I.R. and his named surfaced in the statement of co-accused Raj Kumar, on whose pointing out recovery has been made. Learned counsel has next argued that the applicant is languishing in jail for the last more than 11 years. It is submitted by learned counsel for the applicant that trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 01.06.2011 having no criminal history.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
5. Let applicant Ranga @ Doctor @ Pradeep involved in Case Crime No. 454 of 2011 under Section 302, 394, 411 I.P.C., Police Station Chhawani, District Basti, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 13.2.2023
S.Ali
