Allahabad High Court
Naresh @ Pitti @ Pirri vs State Of U.P. on 9 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194142
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38816 of 2023
Applicant :- Naresh @ Pitti @ Pirri
Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar
Counsel for Opposite Party :- G.A.,Garun Pal Singh
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
Despite time granted to the learned A.G.A. to file counter affidavit, no counter affidavit has been filed.
The instant bail application has been filed on behalf of the applicant, Naresh @ Pitti @ Pirri, with a prayer to release him on bail in Case Crime No. 913 of 2022, under Sections 302,504,506,34 IPC Police Station Koshikalan, District- Mathura, during pendency of trial.
There is allegation in the First Information Report lodged on 17.10.2022 that father of the informant was beaten by the applicant and three co-accused, namely, Pawan, Jugendra and Jagdish, and he died. Learned counsel for the applicant has submitted that it is a case of false implication.Inquest of the dead body of the deceased was performed on 16.10.2022 itself wherein village chowkidar took the dead body of the deceased for inquest and no one was implicated by the Chowkidar.After postmortem report dated 17.10.2022 came into existence it was found that deceased had suffered head injury.Thereafter applicant and other co-accused have been implicated by the informant. The statements of the independent witnesses show that there is dispute regarding business between the parties.Applicant has been falsely implicated in this case. The applicant is in jail since 19.10.2022.He has criminal history of ten cases of minor nature, which has been explained in paragraph-22 of the affidavit filed in support of the application.
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 :- 9.10.2023
Atul kr. sri.
