Allahabad High Court
Lalit vs State Of U.P. on 27 May, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:95904
Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10125 of 2024
Applicant :- Lalit
Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Vishal Singh, Advocate holding brief of Sri Anil Kumar Jaiswal, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.
3. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Lalit, seeking enlargement on bail during trial in connection with Case Crime No. 117 of 2023, under Section 326-B IPC, registered at P.S. Phase-3 Noida, District Gautam Budh Nagar.
4. The first bail application of the applicant was rejected by this Court vide order dated 05.07.2023 passed in Crl. Misc. Bail Application No. 19220 of 2023 (Lalit Vs. State of U.P.).
5. Learned counsel for the applicant submits fresh and new ground in the present matter is that the first informant/injured was examined before the trial court as PW-1 and has been declared hostile. It is submitted that he has stated that Lalit (the present applicant) did not throw acid on him and did not see Lalit at the place of incident. It is submitted that looking to the said statement which is annexure 4 to the affidavit the applicant be released on bail. It is submitted that the applicant has no criminal history as stated in para 18 of the affidavit. The applicant is in jail since 23.03.2023.
6. Per contra, learned counsel for the State opposed the prayer for bail vehemently but could not dispute the fact that the injured/first informant has been declared hostile and he has exonerated the applicant from the present case but submits that the same appears to be tampering with evidence inasmuch as during investigation the injured/first informant had supported the prosecution case and the version given by him in the FIR. It is submitted that it is fit case for direction be issued for launching of prosecution against the first informant. He has placed reliance upon the order of a coordinate Bench of this Court dated 2.2.2024 passed in Criminal Misc. Bail Application No. 41458 of 2023 "Aman Vs. State of U.P. and 3 others" and while placing para 10 and 11 of the same, has argued that in a case in identical circumstances, the said Court has proceeded to give directions for launching of prosecution against the first informant for lodging a false case.
7. After having heard learned counsel for the parties and perusing the records, it is evident that the present bail application is second bail application. The first bail application of the applicant was rejected by this Court vide order dated 05.07.2023. In the present case, the first informant is the injured and the sole witness as per charge sheet, he has not supported the prosecution case and has been declared hostile. He exonerates the applicant from his earlier version and states that he did not throw acid on him. He further states that the applicant was not seen at the place of occurrence.
8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
9. Let the applicant Lalit, 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 will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) 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.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
10. 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.
11. However, it is directed that launching of prosecution against the first informant/injured be proceeded in view of para 11 of the judgment in the case of "Aman Vs. State of U.P. and 3 others" : Criminal Misc. Bail Application No. 41458 of 2023 dated 02.02.2024 which reads as under:
"11. ??? ???????? ?? ?????? ???? ?? ?? ??? ??????? ?? ???? ?????? ?? ?? ????? ?? ???? ??? ??, ?? ???? ????? ?? ??? ???? ??? ?? ??????? ??????? ???????? ??? ?? ???? ?? ?? ??????? ???? ?????? ??? ?????? ???? ??? ??, ?? ???? ??????? ?? ??????? ?? ????????? ?? ???? ?? ???? ?? ?? ????? ??????? ??????? ???????? ??? ?????????? ?? ??????? ?? ??? ?? ??? ??????? ????????? ??? ???? ???? ?? ??, ??????? ?? ???? ?? ?? ?????? ?? ??? ??? ????? ???? ?????? ???? ??? ??? ??? ?? ??????? ??????? ???????? ??????? ??? ???? ???? ?? ??????? ??????? ??????"
12. The bail application is allowed.
Order Date :- 27.5.2024
M. ARIF
(Samit Gopal, J.)
