Viswas Chaudhary vs State Of U.P.
2023 Latest Caselaw 8135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

RESERVED ON 17.3.2023
 
							DELIVERED ON 21.3.2023
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36737 of 2022
 

 
Applicant :- Viswas Chaudhary
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rakesh Dubey
 
Counsel for Opposite Party :- G.A.,Adarsh Singh,Indra Raj Singh,R.P.S. Chauhan,Satya Prakash Singh
 

 
Hon'ble Siddharth,J. 

Counter affidavit has been filed by learned counsel for the informant and Sri Rakesh Dubey, learned counsel for the applicant has filed supplementary affidavit, which are taken on record.

Heard Sri Rakesh Dubey, learned counsel for the applicant, Shri R.P.S. Chauhan, learned counsel for the informant; learned A.G.A. for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Viswas Chaudhary, with a prayer to release him on bail in Case Crime No.  72 of 2022, under Sections 386,75 IPC  Police Station Falavda, District- Meerut, during pendency of trial.

There is allegation in the First Information Report that informant is employed on the post of Pashudhan Prasar Adhikari in Pashu Seva Kendra, village Nagori, District Meerut.He had gone to veterinary hospital, Falavda to bring some important papers when he was attacked by the applicant and another accused in jungle of village Nagori and demanded Rs. 5 lacs from him failing which his family would be eliminated .Applicant is a dreaded criminal and has been earlier sentenced for life. He has criminal history of 15 cases registered in different police station.

Learned counsel for the applicant has submitted that it is a case of false implication. The complaint was received by applicant's wife, Smt. Isha Chaudhary, that the informant has obtained the job on the basis of fabricated educational certificates in the name of Sanoj Kumar. Complaint was made against the applicant on 22nd of April, 2022 and by way of counterblast the present FIR was lodged against the applicant on 3rd of May, 2022. It has been further submitted that from the mobile phone location of the applicant and the informant, the place of incident mentioned in the FIR appears to be doubtful. The mobile location of the applicant and the informant was not found on the place of incident. Rather it was found in the middle of village Nagori, when it was alleged that the incident took place in the jungle of Nagori. The applicant has criminal history of 15 cases and he is also a previous convict. He he has been enlarged on bail by this Court in Criminal Appeal No. 918 of 2013 by this Court on 1st of November, 2017.

Learned counsel for the informant has vehemently opposed the submissions made by the counsel for the applicant and has submitted that complaint of the offence dated 26th of April, 2002 was submitted before the police station on 27th of April, 2022 but the FIR was not lodged by the police stating that enquiry shall be conducted. The FIR was lodged by the police only on 3rd of May, 2022 when the date of complaint was 27th of April, 2022. He submits that the mobile location of the informant and the applicant were found on same place on the alleged date of incident and the argument of the learned counsel for the applicant is not correct. Chargesheet has already been submitted against the applicant and charges have also been framed against him. There are two eye-witnesses of the incident and charges have already been framed against the applicant and trial is proceeding. The applicant is a previous convict and while being enlarged on bail by this Court in criminal appeal he has committed the alleged offence. Wife of the applicant made the complaint against the informant only on 21st of May, 2022 and not on 22nd of April, 2022 as argued by the learned counsel for the applicant. The applicant and his wife are political persons and have good connections. The applicant and his family members are threatening the applicant of dire consequences in case he gives statement in court against him. He cannot be released on bail without recording special reasons since he is a previous convict. The applicant will not permit the trial to proceed in case he is enlarged on bail. He has repeatedly misused the liberty of bail granted to him hence he does not deserve to be enlarged on bail in this Court.

It has further been submitted that the applicant absconded after committing several offences and when he was granted bail by this Court the Apex Court cancelled the same. He has criminal history of 19 cases detailed in paragraph 19 of the counter affidavit including the present case. The applicant is a history sheeter of police station, Falawada.

Learned A.G.A has also opposed the prayer of the applicant for grant of bail in this case. He has submitted that keeping in view the long criminal history of the applicant and also the fact that he is a previous convict and there is no special reasons why should be granted liberty of bail again when he has repeatedly misused the liberty of bail granted to him by this Court and the courts below.

After hearing the rival submissions this court finds that the the complainant against the informant was made by wife of the applicant on 22nd of April 2022. It has been argued by the learned counsel for the applicant that only to counter the aforesaid complaint made against the informant by the wife of the applicant the present of FIR was falsely lodged by the informant on 3rd of May 2022. This Court finds that applicant has disclosed his criminal history of 15 cases in the bail application while in the counter affidavit criminal history of 19 cases of the applicant has been disclosed. He has been implicated in 4 cases of murder earlier and also a case under section 386 IPC, like the present case. He was enlarged on bail by this Court earlier in a case of murder in the year 2017 but thereafter he has only been implicated in the present case.

This court finds that the wife of the applicant has made complaint regarding the informant doing job in fake name . Only to counter the same this implication of the applicant might have been made by the informant.

Keeping in the fact that the applicant has long criminal history and he may threaten the prosecution witnesses, this Court directs that only after the statement of the informant is recorded by the trial court, the applicant shall be enlarged on bail. The trial court is expected to record the statement of the informant within period of 3 months from the date of production of the certified copy of this order before it. Accordingly the applicant shall be enlarged on bail after the statement of the informant is recorded by the trial court.The applicant is in jail since 23.5.2022  and has no criminal history.

Learned A.G.A. has opposed the bail prayer of the applicant 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 applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant 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 applicant has made out a case for bail. The bail application is allowed

Let the applicant 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 :- 21.3.2023

Atul kr. sri.