Allahabad High Court
Lokendra vs State Of U.P. on 27 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 20.01.2023
Delivered On:- 27.01.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49572 of 2022
Applicant :- Lokendra
Opposite Party :- State of U.P.
Counsel for Applicant :- Vikrant Bhati
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth, J.
1. Heard Sri Vikrant Bhati, learned counsel for the applicant; Sri Vivek Kumar Singh, learned counsel for the informant and learned AGA for the State.
2. There is allegation against the applicant and three co-accused that they have made indiscriminate firing on the son of the informant because of old enmity and caused his murder.
3. Learned counsel for the applicant has submitted that co-accused persons, Vishant and Vishnu, were arrested by the police and country made pistol was recovered on their pointing out and also a broken mobile phone of the deceased was recovered. While arresting the applicant along with co-accused, Ashish, a recovery memo of country made pistol from their possession was also made. Confessional statement of all the accused persons were recorded and charge sheet was submitted.
4. Learned counsel for the applicant also submits that there is no statement of any independent witness recorded by the investigating officer. No statement of any neighbour or the people around was recorded. There is no F.S.L report regarding the recovered pistols. No C.D.R location of the applicant was collected. It is case of blind murder in the night and applicant has been falsely implicated in this case. There was old enmity regarding a case under Section 307 IPC between the family of the applicant and the deceased and on account of the same, the applicant has been falsely implicated. The applicant has no criminal history to his credit and is in jail since 01.04.2022.
5. Learned counsel for the informant has vehemently opposed the bail application. He has submitted that from the injury report of the deceased, 8 injuries have been found on his person. He has submitted that the injuries cannot be caused by one or two persons. Four accused named in the FIR have caused the aforesaid injuries.
6. After hearing the rival contentions, this Court finds that the applicant had lodged an FIR dated 05.09.2020 under Section 307 IPC against Vishal and Ashish. Vishal is the deceased in the present case. There is allegation of indiscriminate firing in the FIR lodged against the applicant and other co-accused but in the post-mortem of the deceased, there are six lacerated wound found on the body of the deceased and two multiple swellings on his body. However, bullets and pellets were found in his body during post-mortem. Although there is enmity between the applicant and the deceased regarding the earlier incident of the year 2020 but there is no credible evidence collected by the investigating officer which may prove that the alleged offence was committed by the applicant, except the statement of the informant which implicates the applicant and co-accused by name.
7. 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 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; 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.
8. Let the applicant, Lokendra, involved in Case Crime No. 230 of 2022, under Sections- 302 and 34 IPC, Police Station- Baraut, District- Baghpat, 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 :- 27.01.2023
Rohit
