Allahabad High Court
Durgpal vs State Of U.P. on 6 January, 2023
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15378 of 2022
Applicant :- Durgpal
Opposite Party :- State of U.P.
Counsel for Applicant :- Jyoti Agrawal,Ashok Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
A compliance affidavit dated 21.11.2022 has been filed which is taken on record.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is the third bail application on behalf of the applicant in connection with Case Crime No.310 of 2019, under Sections 302, 307, 323, 504 I.P.C., Police Station Goverdhan, district Mathura.
The first bail application was rejected by Hon'ble Dinesh Kumar Singh-I (as he then was) vide order dated 5.11.2020 while the second bail application was rejected by this Court vide order dated 22.12.2021.
The FIR of the incident was lodged by the son of the deceased and it was mentioned in the FIR that father of the complainant Jhamman Chaudhary (deceased) was getting his boundary wall constructed and complainant and his cousin brother Naveen Chaudhary was also present there, then the present accused along with other co-accused named in the FIR came and started abusing them and directed to stop the construction work and demanded Rs. 5,00,000/- in case they wanted to raise construction. Thereafter the father of the complainant was beaten up by the present accused and other co-accused and in the meantime, the present accused made fire upon his father, which hit him in his chest and he died.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has further submitted that the accused is suffering from hepatitis-B and kidney disease with advance renal failure and other illnesses and he is in jail since more than three and half years and trial has yet not been progressed. Learned counsel for the applicant further submits that he seeks mercy bail on the ground of illness of the accused-applicant, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail of the applicant and submits that the accused-applicant is the main culprit who has assaulted with fire arm upon the deceased Jhamman Chaudhary and the deceased had died due to injury inflicted by the present applicant. Learned A.G.A. has no dispute that as per medical report, the accused is suffering from various illness and he was going under treatment in jail hospital and he w as referred to advance treatment at Agra and Lucknow S.G.P.G.I .
Considering the submission of learned counsel for the parties, considering that the accused is suffering from serious illness and considering the law laid down in the case of Data Ram vs. State of U.P. and others, 2018 (3) SCC 2, and recent judgment dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.BI. passed in S.L.P. (Crl.) No.5191 of 2021, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Durgpal involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
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 :- 6.1.2023
AU
