Allahabad High Court
Hem Singh And 2 Others vs State Of U.P. on 14 March, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2396 of 2023
Applicant :- Hem Singh And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Sharma
Counsel for Opposite Party :- G.A.,Gyanendra Kumar Saini,Sheikh Moazzam Inam
Hon'ble Dr. Gautam Chowdhary,J.
Heard Shri Vivek Sharma, learned counsel for the applicants; Shri Sheikh Moazzam Inam, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicants, Hem Singh, Hari Singh and Monu with a prayer to release them on bail in Case Crime No. 476 of 2022, under Sections 323, 324, 504, 506, 304, 308 IPC Police Station Nakhasa, District- Sambhal, during pendency of trial.
There is allegation against the applicants of causing culpable homicide not amounting to murder. One person died in the incident.Learned counsel for the applicants has submitted that on 22.10.2022 incident took place all of sudden wherein both the sides caused injuries to each other.The cross First Information Report was lodged by the applicant's side.The injured, Jitendra, was taken to the doctor on 25.10.2022. He suffered injuries which do not appear to be grievous but he died. There is no explanation why the injured was not produced before the doctor on the date of incident. He was only produced before the doctor on 25.10.2022 i.e., the day he died. He further submits that general role has been assigned to all the accused persons including the applicants. The applicants no.1 and 3 are in jail since 29.10.2022, whereas the applicant no.2 is in jail since 26.10.2022. He lastly submits that similarly situated co-accused Arvind @ Baddan has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 03.03.2023 passed in Criminal Misc. Bail Application No.651 of 2023, copy of which order has been produced before this Court and is taken on record.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicants 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 noted above; finding force in the submissions made by the learned counsel for the applicants; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicants being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the 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; 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 applicants have made out a case for bail. The bail application is allowed.
Let the applicants-Hem Singh, Hari Singh and Monu involved in aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicants 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 them from disclosing such facts to the Court or to any police officer;
5. The applicants shall file an undertaking to the effect that they 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 applicants 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.
In case the trial has commenced, the trial court will conclude the same within a period one year as per section 309 Cr.P.C.
Order Date :- 14.3.2023
S.Ali
