Allahabad High Court
Vikas Kumar Pal vs State Of U.P. on 12 July, 2023
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:138805
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26415 of 2023
Applicant :- Vikas Kumar Pal
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Kumar Gupta,Lal Sahab Yadav
Counsel for Opposite Party :- G.A.,Niraj Kumar Sharma
Hon'ble Rajeev Misra,J.
1. Heard Mr.Shiv Kumar Gupta, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. This application for bail has been filed by applicant Vikas Kumar Pal seeking his enlargement on bail in Case Crime No. 0127 of 2023 under Section 304 IPC, Police Station Sarpataha, District Jaunpur during the pendency of trial.
4. Record shows in respect of an incident which is alleged to have occurred on 23.4.2023, a prompt F.I.R. dated 23.4.2023 was lodged by first informant Devmati (mother of the deceased) and was registered asCase Crime No. 0127 of 2023 under Section 304 IPC, Police Station Sarpataha, District Jaunpur. In the aforesaid F.I.R. the applicant Vikas has been nominated as solitary named accused.
5. The gravamen of the allegations made in the F.I.R. is to the effect that the thresher was operating in the field of the applicant i.e. named accused. It is at this place certain scuffle took place between the applicant and the son of the first informant on account of which he sustained injuries. The F.I.R. further records that the applicant Vikas Kumar Pal and one Sachin took the injured Maniram to the hospital where ultimately he succumbed to the injury sustained by him.
6. After above mentioned F.I.R. was lodged Investigating Officer proceeded with the statutory investigation of concerned case crime no. in terms of Chapter-XII Cr.P.C. Learned A.G.A. with reference to the case diary submits that subsequent to above the inquest of the body of the deceased was conducted. In the opinion of the witnesses of inquest (panch witnesses), the nature of death of the deceased was characterised as homicidal. Thereafter the post mortem of the body of the deceased was conducted. In the opinion of the autopsy surgeon the cause of death of deceased was shock, haemorrhage and coma as a result of ante-mortem injury. The autopsy surgeon found following ante-mortem injuries on the body of the deceased:-
(i) Contused swelling 4 cm. x 3 cm. over left side of face over chin.
(ii) Constitution 12 cm. x 2 cm. present over left side of chest 2 cm. below left nipple.
(iii) On opening chest, lacerated heart & left side lacerated lung present, 1.5 litre clotted blood present under pleural cavity.
(iv) Abrasion 2 cm. x 2 cm. over left elbow joint.
(v) Abrasion 2.5 cm. x 1.5 cm. over left shoulder joint.
(vi) Contusion 10 cm. x 2 cm. present vertically over middle of back.
7. During course of examination, Investigating Officer examined the first informant and other witnesses under Section 161 Cr.P.C. Witnesses so examined have supported the F.I.R. On the basis of above, Investigating Officer came to conclusion that complicity of applicant is fully established in the crime in question. He, accordingly, submitted the charge sheet dated 29.5.2023.
8. Learned counsel for applicant submits that though the applicant is a named as well as charge sheeted accused yet he is innocent. Referring to the F.I.R. which is on record at page-12 of the paper book, learned counsel for applicant contends that the applicant is not aggressor. The deceased himself came to the field of the applicant where threshing were going on. As such no offence as complained of is made out. Even otherwise applicant is a man of clean antecedents. He has no criminal history to his credit except the present one. Applicant is in jail since 23.4.2023. As such he has undergone more that 2-1/2 months of incarceration. The Police report in terms of Section 173(2) Cr.P.C. has already been submitted. As such the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized. Up to this stage, no such incriminating circumstance has emerged necessitating the custodial arrest of applicant during the course of trial. It is thus urged that applicant is liable to be enlarged on bail. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial.
9. Per contra, the learned A.G.A. has opposed the prayer for bail. He submits that since applicant is a named as well as charge sheeted accused, therefore no indulgence be granted by this Court in favour of applicant. However the learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage.
10. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, evidence, accusations made, nature and gravity of offence, complicity of accused and coupled with the fact that as per the prosecution story unfolded in the F.I.R., the place of occurrence is the field of the applicant himself prima facie the applicant cannot be the aggressor, police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallised, the learned A.G.A. could not point out any such incriminating circumstance necessitating the custodial arrest of the applicant during the course of trial, the judgment of the Supreme Court in Sumit Subhash Chandra Gangwal and another Vs. State of Maharashtra and another 2023 Live Law SC 373, the clean antecedents of applicant, the period of incarceration undergone but without making any comments on the merits of the case, applicant has made out a case for bail.
11. The bail application is accordingly allowed.
12. Let the applicantVikas Kumar Pal involved inCase Crime No. 0127 of 2023 under Section 304 IPC, Police Station Sarpataha, District Jaunpur be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
13. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 12.7.2023
Aiman
