Allahabad High Court
Janardan vs State Of U.P. on 24 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 13.01.2023
Delivered on 24.01.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46382 of 2022
Applicant :- Janardan
Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh,Sunil Kumar Singh,Tripurari Pal
Counsel for Opposite Party :- G.A.,Mainuddin Ahamad
Hon'ble Siddharth,J.
Heard Sri Kameshwar Singh and Sri Tripurari Pal, learned counsels for the applicant; Sri Mainuddin Ahamad, learned counsel for the informant and Sri Shiv Kumar Singh, learned AGA for the State and perused the case diary placed before the court by learned AGA.
There is allegation against unknown accused in the first information report. The father of the informant used to work as quack doctor in village. He used to sleep in the dera away from the house which was besides the road. On 06.08.2022 when the mother of the informant went to dera and she saw father of the applicant lying dead on the cot. There was injury on his left shoulder and neck and also black signs of beating hence the first information report was lodged. The injury on neck was found to be gun shot injury with blackening and tattooing present.
Learned counsel for the applicant has submitted that the deceased was a jhola chap doctor and used to indulge in quackery. The call details of the applicant with Om Prakash has been made the cause of his implication. He has submitted that the contents of the call were not collected by the Investigating Officer. The deceased was cousin of the applicant and there is no motive why he will commit his murder. The son of the deceased has stated that the applicant used to indulge in the activity of the exorcism for destroying life of the deceased and his family. He has caused the murder of his father. Wife of the deceased has also stated that there was element jealousy involved in their relation-ship with the applicant. Applicant is stated to be a retired person aged about 67 years and suffering from age related ailments.
Learned AGA has placed before this court the case diary containing record of investigation. It has also come in the evidence of Dhanwanti, wife of the deceased, that the applicant had taken money from the deceased for the purpose of providing employment in coalry but he did not returned the same. She expressed apprehension that the applicant had got the alleged murder committed in collusion with Omprakash Yadav, who was his close friend.
Learned counsel for the informant has also vehemently opposed the bail application and has submitted that investigating officer has collected sufficient evidence against the applicant regarding his involvement in this case.
After hearing rival contention, this court finds that the evidence collected by the Investigating Officer is to the effect that the family members of the deceased have apprehension that the applicant has indulged in black magic for causing number of difficulties to the family members of deceased. They were envious of the deceased and his family and hence they have concluded that it was the applicant, who got the deceased murdered. There is no eye witness account or recovery or any incriminating material which may convince this court to believe that applicant was involved in the murder of the deceased at this stage. It is a case of circumstantial evidence with chain of events is incomplete.
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 in mind the uncertainty of trial, one sided investigation by police, without recording statements of the accused side 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, Janardan, involved in Case Crime No.160 of 2022, under Sections 302/34, 120B I.P.C, Police Station Ubhaon, District- Ballia 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.
Order Date :- 24.01.2023
SS
