Allahabad High Court
Ajeet 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. - 49896 of 2022
Applicant :- Ajeet
Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Singh
Counsel for Opposite Party :- G.A.,Ram Raj Pandey
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Shashi Kumar Tewari, Advocate, holding brief of Sri Ram Raj Pandey, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant and co-accused, Dharmraj, in the first information report regarding attempt to murder made on the son of the informant. There is specific allegation against the applicant that he stabbed the deceased by knife as a result of which he suffered serious injuries. Incident is alleged to take place on 21.05.2022 and on the same date Medico Legal Examination of the injured was conducted at B.B.D. Hospital, Bulandshahr, two incised wounds were found. One on the left buttock on upper part and second on right back of thigh, just below buttock.
Learned Counsel for the applicant has submitted that thereafter injured was taken to Safdarjang Hospital, New Dellhi, where history of the injury by knife over abdomen was found. Injuries were stated to have been caused on 22.05.2022 and the injured was taken to the aforesaid hospital on 24.05.2022 due to pain in abdomen. Learned counsel applicant further submits there is no explanation of the aforesaid abdomen injury, as result of which deceased suffered septicemia and died as per injury report dated 25.05.2022. Learned counsel for the applicant finally submits that the applicant has been falsely implicated in this case. The motive shown against applicant with regard to dispute of Rs.5500/- as loan taken by the applicant from the deceased is false.
Learned counsel for the informant has submitted that there is confession of the applicant before the police regarding taking of Rs.500/- by the applicant from the deceased as loan which he did not repay.
Learned AGA has also opposed the prayer for bail but could not dispute the above submissions.
After hearing rival contention this court finds there is no explanation about the injuries found in the medico legal report dated 21.05.2022 and the ante moterm injuries in the report of Safdarjang Hospital dated 25.05.2022. Applicant deserves to be enlarged on 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, Ajeet, involved in Case Crime No.522 of 2022, under Sections 302, 504 I.P.C, Police Station Khurja Nagar, District- Bulandshahar 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 :- 18.1.2023
SS
