Allahabad High Court
Pratap And 2 Others vs State Of U.P. on 10 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:100548
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15655 of 2023
Applicant :- Pratap And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh
Counsel for Opposite Party :- G.A.,Sushil Dubey
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Bibhuti Narayan Singh, learned counsel for applicants, Sri Chandan Agarwal, learned AGA for State and Sri Sushil Dubey, Advocate for Informant.
2. This is second bail application of applicants-Pratap, Ramniwas and Ram Babu for enlargement on bail in Case Crime No. 249 of 2021 (Session Trial No. 2096 of 2022), under Sections 147, 148, 149, 504, 506, 302, 452 IPC, Police Station Salempur, District Bulandshahar.
3. Applicants? first bail application was rejected by reasoned order dated 17.05.2022 and relevant paragraphs of the judgment are mentioned as under:
?7. On the basis of above referred rival submissions and material on record and from the contents of First Information Report, it appears that named accused persons including applicant was part of an unlawful assembly having deadly weapons and in furtherance of common intention, they assaulted persons of complainant side in which six persons received injuries and one person succumbs to injuries.
8. I found merit in submission of learned A.G.A. for State as well as learned counsel for complainant that present case is not a case of parity so much as the bail order whereby co-accused has been granted bail is not supported by any specific reason [see Manoj Kumar Khokhar (Supra)]. Taking note that the applicant was a part of unlawful assembly who along with other co-accused not only caused injuries to five persons but death was also caused to one person as well as also considering the judgment passed by the Apex Court in Manno Lal Jaiswal (Supra) that the presence of applicant, prima facie, established and number of injured persons are six, who received multiple injuries, therefore, I do not find any ground to grant bail.?
4. Learned counsel for applicant submits that subsequently three co-accused have been granted bail, who have been assigned weapons Balkati, Farsa and Lathi. He also submits that certain points were not considered while deciding first bail application, i.e., it was a case where there was a cross version also and case may fall within Exception I (First) of Section 300 IPC as it was a case of sudden fight.
5. Above submissions are opposed by learned AGA as well as learned counsel for Informant. They submits that in the garb of second bail application order of first bail application cannot be reviewed. They also submits that order of first bail application was not placed before Coordinate Bench who has granted bail to three co-accused.
6. This is a second bail application, therefore, argument can be based only on subsequent events. The only subsequent event in the present case is the order of Coordinate Bench whereby bail has been granted to three co-accused by giving following reasons:
?Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.?
7. Supreme Court in Manoj Kumar Khokhar vs. State of Rajasthan and Anr. (2022)3 SCC 501 and Brijmani Devi vs. Pappu Kumar (2022) 4 SCC 497 has emphasized that order granting bail or rejecting bail should be accompanied by reasons though in brief and has not approved above referred reasons in bail orders. Therefore, this cannot be considered to be a subsequent event.
8. So far as other arguments are concerned, the same are on merit which have already been considered while rejecting first bail application. Therefore, this Court cannot review the order passed in first bail application.
9. Since there is no subsequent event, which can be considered in present second bail application, therefore, it is accordingly dismissed.
Order Date :- 10.5.2023
AK
