Allahabad High Court
Shambhu Sahani vs State Of U.P. on 26 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:118318
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9596 of 2023
Applicant :- Shambhu Sahani
Opposite Party :- State of U.P.
Counsel for Applicant :- Raghawendra Singh,Dinesh Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Applicant- Shambhu Sahani has approached this Court for bail in Case Crime No. 259 of 2022 under Sections 147, 148, 323, 304 I.P.C., Police Station- Reoti, District- Ballia.
In the present case, F.I.R. was lodged for offence under Sections 147, 148, 323, 304 I.P.C. against seven named accused and women of house of one of named accused. In the occurrence, one person died and there was cross version also.
Sri Dinesh Kumar Gupta, learned counsel for applicant submits that after investigation, charge sheet has been filed against six accused and investigation was kept pending against one accused viz., Sujeet Sahani who was granted bail by Trial Court; he further submits that except applicant, all other co-accused have been granted bail by coordinate Benches of this Court on the ground that there were general allegations and no specific allegation was made against any of accused and case of applicant is similar to other co-accused, therefore, applicant, who is in jail since 11.08.2022 may be released on bail during trial.
While opposing bail, Sri Rishi Chaddha, learned AGA appearing for State submits that orders whereby co-accused have been granted bail are not accompanied with reasons as required in terms of judgments of 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.
In the present case, charge sheet has been filed under Sections 147, 148, 323, 304 I.P.C., therefore, case of every accused will be considered individually in regard to their respective role and as referred above, there are general allegations against all accused persons. There is no specific allegation against any of accused persons.
In these circumstances and taking note that all other co-accused have already been granted bail, therefore, there is no reason to take a different view in regard to applicant and as such, applicant has also made out a case for bail.
Let the applicant- Shambhu Sahani 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 :- 26.5.2023
Nirmal Sinha
