Allahabad High Court
Dhanveer vs State Of U.P. on 3 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2023:AHC:189462 RESERVED ON 26.9.2023
DELIVERED ON 3.10.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35520 of 2022
Applicant :- Dhanveer
Opposite Party :- State of U.P.
Counsel for Applicant :- Sukhendu Pal Singh,Saurabh Yadav
Counsel for Opposite Party :- G.A.,Bharat Singh
Hon'ble Siddharth,J.
Heard Shri Saurabh Yadav, learned counsel for the applicant; Shri Bharat Singh, learned counsel for the informant; Shri C.L. Singh, learned AGA-1 for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Dhanveer, with a prayer to release him on bail in Case Crime No. 34 of 2020,(S.T. No. 895 of 2020) under Sections 302,307504 IPC Police Station Alapur, District- Budaun, during pendency of trial.
There is allegation against the applicant and co-accused,Agesh of causing the offence of murder of grand son of the informant. Subsequently another injured, namely, Ravi also died.
Learned counsel for the applicant has submitted that applicant was assigned the role of causing the alleged offence by his licenced gun while co-accused, Agesh, was assigned the role of causing the alleged offence by his country made pistol. He has submitted that two empty cartridges recovered from the scene of the incident.They were found to have been fired from 12 bore country made pistol.The pellets recovered were found to have been fired from 12 bore gun. He has submitted that no empty cartridge related to 12 bore SBBL gun were recovered from the scene of the incident. He has submitted that applicant had no motive to commit the alleged offence. He is political person,therefore, he has been falsely implicated in this case. He had no earlier criminal history to his credit.The witnesses of fact have already been examined, who are seven in numbers out of 26 prosecution witnesses named in the charge sheet. The applicant is in jail since 6.3.2020 . Trial will take time to conclude.
Learned counsel for the informant has vehemently opposed the bail application of the applicant and has submitted that bail application of the co-accused, Agesh, has been directed to be listed by this court on 20.11.2023, hence this case may also be directed to be listed with the same.
Learned A.G.A. has also opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
After hearing the rival contentions, this court finds that it is the first implication of the applicant.The report of the ballistic expert brought on record by way of rejoinder affidavit does not clearly implicates the applicant, hence he deserves to be enlarged on bail.
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.
The trial court is directed to conclude the trial within a period of six months.
The registrar(Compliance)of this court is directed to communicate this order to the trial court for compliance within ten days.
Order Date :- 3.10.2023
Atul kr. sri.
