Allahabad High Court
Abhishek vs State Of U.P. on 4 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46311 of 2022
Applicant :- Abhishek
Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Singh Chahar
Counsel for Opposite Party :- G.A.,Raj Kumar Dhama
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
There is allegation of causing murder of father of the informant against the applicant and one unknown accused.
Counsel for the applicant submits that inquest of dead-body of the deceased was conducted 10:30 a.m. to 11:40 a.m. on 18.05.2022 in the presence of Sub Inspector Deepak Kumar and Vikas Chauhan and Constables Veerpal Dharmendra and Praveen Bhati and the same day i.e. 18.05.2022, the applicant was arrested at 11:00 a.m by the aforesaid Sub Inspectors and Police Constables as clear from arrest-cum-recovery memo dated 18.05.2022 prepared by the police. It is further submitted that the time of inquest and the time of arrest of the applicant alongwith the weapon used in the commission of murder of the deceased have been done simultaneously which is not possible. It is a case of false implication. The co-accused Prince has already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.9.2022 passed in Criminal Misc. Bail Application 35527 of 2022. The applicant is in jail since 18.05.2022.
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, 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-Abhishek involved in Case Crime No.468 of 2022, under Section-302 IPC, Police Station-Baghpat, 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 :- 4.1.2023
Jyotsana
