Allahabad High Court
Mangala Prasad Patel vs State Of U.P. on 5 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30129 of 2022
Applicant :- Mangala Prasad Patel
Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar,Anil Kumar Ojha,Sangam Lal Kesharwani
Counsel for Opposite Party :- G.A.,Kunwar Tejandra Bahadur
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Mangala Prasad Patel, with a prayer to release him on bail in Case Crime No. 31 of 2022, under Section 302 IPC Police Station Kaundhiyara, District- Prayagraj, during pendency of trial.
The First Information Report was lodged against unknown accused regarding the murder of Chaukidar of Goshala.Learned counsel for the applicant has submitted that it is a case of circumstantial evidence.The deceased was Chaukidar and his dead body was recovered in the morning. He was taken to the hospital where he was declared dead. Subsequently applicant has been implicated on the basis of information given by the informer and small spade has been recovered, which is alleged to have used in the murder of the deceased. The motive shown is that earlier applicant was employed as Chaukidar in the aforesaid Goshala.Since he was drunkered and was removed from the post of Chaukidar he murdered the deceased, who was employed in his place. The motive assigned to the applicant is not credible.The deceased was employed by the Pradhan of the village. The applicant is in jail since 12.2.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
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 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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.
Order Date :- 5.1.2023
Atul kr. sri.
