Allahabad High Court
Nakul vs State Of U.P. on 1 March, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:38112
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47117 of 2022
Applicant :- Nakul
Opposite Party :- State of U.P.
Counsel for Applicant :- Durga Prasad Tiwari,Vinay Prakash Shukla
Counsel for Opposite Party :- Dheeraj Kumar Yadav,G.A.
Hon'ble Siddharth,J.
Heard Sri U. K. Saxena, learned Senior Advocate, assisted by Sri Durga Prasad Tiwari, learned counsel for the applicant, Sri Dheeraj Kumar Yadav, learned counsel for the informant and learned A.G.A. for the State.
There are allegations in the first information report that deceased was repeatedly hit by car by the applicant and he died on account of injuries.
Learned Senior Advocate appearing of the applicant submits that the nature of injury caused to deceased was because of accident. The deceased was driving a motor-cycle and thrown out from running motor cycle and he suffered injuries. The injuries suffered indicates that these are accidental injury. Body of deceased was taken to the hospital by one Pulkit Sharma and in the entry by Hospital his time of death was 7.46 p.m., on 06.12.2021. First information report was lodged on the same day at 19.52 hours under Section 307/34. He has submitted that if the deceased was taken to the Hospital at 7.46 p.m. in dead condition the lodging of first information report under Section 307/34 I.P.C at 19.52 hours is not justified. He has submitted that it is case of false implication since the motive shown is very weak alleging dispute of Rs.300/- for booking of ticket. Even otherwise applicant is in jail since 7.12.2021. Before the trial court seven out of 21 prosecution witnesses have been examined. Applicant has criminal history of one case.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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 and 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 and 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, Nakul, involved in Case Crime No.289 of 2021, under Sections 302, 34 I.P.C, Police Station Echotech-1,, District- Gautam Budh Nagar 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.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code.
(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year.
Registrar (compliance) is directed to communicate this order to the trial court concerned within ten days.
Order Date :- 1.3.2024
SS
