Allahabad High Court
Shivshankar Dixit vs State Of U.P. on 9 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27768 of 2022
Applicant :- Shivshankar Dixit
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Lal Mishra,Awadh Bihari Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation in the first information report that the co-accused Kamlesh @ Chhote has caused injuries to the deceased by sariya and the applicant along with other have been assigned role of causing injuries by lathi and danda. The post mortem report of the deceased shows that there are three injuries on his body. One lacerted wound 1 cm x 1cm x muscle deep left side face, 3 cm below left eye. Abraded contusion 5 cm x 2 cm left side neck. Contused swelling 35 cm x 25 cm whole chest and upper adbomen underlying 4th ribs both sides.
Learned counsel for the applicant submits that the injury on chest and upper abdomen could be considered fatal for life and out of four accused the aforesaid injuries can be assigned to Kamlesh @ Chhote, who was having sariya. The fatal injury was caused by sariya and not by lathi and danda. The applicant is aged about 75 years and is in jail since 11.08.2021. He has criminal history of three cases explained in the supplementary affidavit.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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, Shiv Shankar Dixit, involved in Session Trial No.1416 of 2021 arising out of Case Crime No.370 of 2021, under Sections 302, 504, 506, 427 I.P.C and 7 Criminal Law Amendment Act, Police Station Shibli, District- Kanpur Dehat 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, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of two years from the date of production of certified copy of this order.
Order Date :- 9.1.2023
SS
