Allahabad High Court
Asit @ Aaste vs State Of U.P. on 2 January, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59582 of 2022
Applicant :- Asit @ Aaste
Opposite Party :- State of U.P.
Counsel for Applicant :- Sukesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Asit @ Aaste, with a prayer to release him on bail in S.T. No.1465 of 2022, Case Crime No.0063 of 2022, under Sections 34/304, 504, 506 I.P.C., Police Station- Saifai, District- Etawah during pendency of trial.
Contention raised by learned counsel for the applicant is that the present F.I.R. was lodged by one Manmohan Singh after levelling a general and omnibus allegation of assault upon her son by Rinku, Kailash Babu (applicant) and Aaste by lathi, danda and sariya causing serious injuries upon his person, resultantly he died. Post-mortem report of the deceased reveals that there is two ante-mortem injuries, out of which one is over the head of the deceased, which proved to be fatal. It is contended by learned counsel for the applicant that during investigation one of the eye-witnesses has attributed the role of giving a deadly assault upon the deceased by co-accused Rinku. In this view of the matter, the case of co-accused Rinku stands distinguishable. It is further submitted tat co-accused namely, Kailash Babu has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.26258 of 2022. It is next submitted that applicant has no criminal history and he is languishing in jail since 03.05.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that co-accused has already been enlarged on 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 coupled with the fact that co-accused has already been enlarged on bail 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- Asit @ Aaste 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 :- 2.1.2023
Sachin/-
