Allahabad High Court
Deepak @ Deepchandra vs State Of U.P. on 23 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:113641
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3045 of 2023
Applicant :- Deepak @ Deepchandra
Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Applicant- Deepak @ Deepchandra, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 14.12.2022 passed by Sessions Judge, Sambhal, in Case Crime No.227 of 2022 under Section 302 I.P.C., Police Station- Rajpura, District - Sambhal.
This Court has passed following order on 11.04.2023 -:
"It has been argued by learned counsel for applicant that initially an F.I.R. was lodged against one Umesh and at a very belated stage on the basis of Majid Bayan of informant name of the applicant was disclosed. He further submits that after investigation, name accused Umesh was exonerated and charge-sheet has been filed only against applicant.
Learned counsel for applicant further submits that during trial, first informant P.W.1 has narrated the version of F.I.R. and specifically stated that he has not disclosed the name of present applicant before police.
It is very strange that prosecution has not cross-examined P.W.1 by confronting him with his majid bayan.
At this stage, learned A.G.A. seeks time to file reply and to take instructions.
List on 2.5.2023 among top 20 cases.
Meanwhile, pleadings shall be completed."
Sri Shailendra Singh, learned counsel for applicant submits that PW-1 was recalled thereafter, however, his statement remained same as mentioned in his examination-in-chief; he further submits that till date, as many as six prosecution witnesses have been examined and they remained consistent that named accused Umesh was real assailant whereas present applicant was not involved in the present case.
Sri Sunil Srivastava, learned A.G.A. submits that on the basis of application filed on behalf of prosecution under Section 319 Cr.P.C., said accused Umesh was summoned by Trial Court vide order dated 20.05.2023; he further submits that further proceedings of trial will be undertaken in accordance with judgment passed by Supreme Court in Sukhpal Singh Khaira vs. State of Punjab, 2022 SCC Online SC 1679; however, learned A.G.A. has not able to refute that so far as allegations and evidence in regard to present applicant are concerned, none of witnesses have named the applicant being assailant during trial.
In the background of aforesaid facts and submissions as well as taking note of evidence on record as well that order passed under Section 319 Cr.P.C. and also taking note of evidence led before Trial Court qua to applicant does not appear to be prima facie sufficient for prosecution to prove the case against applicant beyond reasonable doubt at this stage.
In these circumstances, applicant who is in jail since 02.09.2022, has made out a case for bail.
Let the applicant- Deepak @ Deepchandra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 23.5.2023
Nirmal Sinha
