Allahabad High Court
Rajan Sharma @ Paji vs State Of U.P. on 18 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50932 of 2022
Applicant :- Rajan Sharma @ Paji
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Pal,Jai Prakash Singh,Pulak Ganguly
Counsel for Opposite Party :- G.A.,Chandra Bhushan Tiwari,Rajeev Kumar Rai
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Sri Chandra Bhushan Tiwari, learned counsel for the informant and learned A.G.A for the State.
Supplementary affidavit filed by counsel for the applicant explaining criminal history of one case of the applicant is taken on record.
FIR has been lodged against six named and 2-3 unknown accused persons regarding commission of offence of murder.
Counsel for the applicant submits that the applicant is named accused. He has not been assigned any specific role in the FIR. Subsequently, he has been assigned the role of causing injury to the deceased by brick. A brick has been allegedly recovered on his pointing out. He has further submitted that the main role of causing fatal injury on the head of the deceased has been assigned to co-accused, Suraj, by hammer. The injury on the head of the deceased appears to have been caused by hammer and not by brick. The applicant is in jail since 19.07.2022 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
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, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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, Rajan Sharma @ Paji, involved in Case Crime No. 269 of 2022, under Sections- 147, 148, 302 and 34 IPC, Police Station- Haldharpur, District- Mau, 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.1.2023 / Rohit
