High Court
Case Details
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 022 of 2024 under sections 352, 406, 504, 506, 120-B, 420, 467, 468 and 471 of IPC, P.S.- Gaura Chauraha District - Balrampur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the first information report has been lodged in-retaliation to the complaint made by mother of the applicant dated 06.05.2023, when the present applicant was in jail in another case and when the illegal gratification was not fulfilled. He further submits that the allegation in the first information report is that on the false promise, the applicant will transfer some land in favour of the complainant and an amount of Rs. 16,55,000/- was taken in cash, but there is no documentary evidence in support thereof. He also added that the applicant was the jail warden and he was enimical because of the complaint made by mother of the applicant on 06.05.2023 and the present first information report is the result of the same. He also added that no such amount has ever been taken by the applicant and the applicant has explained the seven cases criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application and he is languishing in jail since 26.07.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the conversation in between the applicant and the informant is intercepted and there are documentary proof against the applicant that he had demanded the amount of Rs. 16,55,000/- and the chargesheet has still not been filed and there is apprehension that if the applicant would be released from jail, he would tamper the evidences, thus, submission is that he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that that though, there is allegation that the applicant had taken an amount of Rs. 16,55,000/- on the basis of false promise to transfer a land in favour of the informant, but prima facie, there is no substantial evidence in support thereof. Further this Court has also taken note of the fact that a complaint was moved by the mother of the applicant on 06.03.2023 against the informant who was the then jail warden and in-retaliation thereof, the first information report seems to be lodged against him by the said jail warden; the applicant is languishing in jail since 26.07.2024; the applicant has explained the seven cases criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application; prima facie, there is no cogent evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Ashok Kumar @ Langad involved in the aforementioned crime 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.2.2025 Mayank
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 022 of 2024 under sections 352, 406, 504, 506, 120-B, 420, 467, 468 and 471 of IPC, P.S.- Gaura Chauraha District - Balrampur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the first information report has been lodged in-retaliation to the complaint made by mother of the applicant dated 06.05.2023, when the present applicant was in jail in another case and when the illegal gratification was not fulfilled. He further submits that the allegation in the first information report is that on the false promise, the applicant will transfer some land in favour of the complainant and an amount of Rs. 16,55,000/- was taken in cash, but there is no documentary evidence in support thereof. He also added that the applicant was the jail warden and he was enimical because of the complaint made by mother of the applicant on 06.05.2023 and the present first information report is the result of the same. He also added that no such amount has ever been taken by the applicant and the applicant has explained the seven cases criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application and he is languishing in jail since 26.07.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the conversation in between the applicant and the informant is intercepted and there are documentary proof against the applicant that he had demanded the amount of Rs. 16,55,000/- and the chargesheet has still not been filed and there is apprehension that if the applicant would be released from jail, he would tamper the evidences, thus, submission is that he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that that though, there is allegation that the applicant had taken an amount of Rs. 16,55,000/- on the basis of false promise to transfer a land in favour of the informant, but prima facie, there is no substantial evidence in support thereof. Further this Court has also taken note of the fact that a complaint was moved by the mother of the applicant on 06.03.2023 against the informant who was the then jail warden and in-retaliation thereof, the first information report seems to be lodged against him by the said jail warden; the applicant is languishing in jail since 26.07.2024; the applicant has explained the seven cases criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application; prima facie, there is no cogent evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Ashok Kumar @ Langad involved in the aforementioned crime 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.2.2025 Mayank