High Court
Case Details
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12404 of 2022 Applicant :- Vinod Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Legal Reasoning
Looking to the aforesaid facts and circumstances of the case, prima facie a case for bail is made out. Let the applicant Vinod Shukla be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:- (1). 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. (2). The applicant 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 IPC. (3). 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (4). 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. It is clarified that the observations, if any, 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 ultimate merits of the case. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed. Order Date :- 5.7.2022 Nadim Digitally signed by NADIM ALAM Date: 2022.07.05 17:29:05 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been filed by the applicant seeking bail in Case Crime No. 27 of 2022, under Sections 323, 306 IPC, Police Station Bansgaon, District Gorakhpur, during pendency of trial. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the applicant is the father of the deceased and mother of the deceased had already expired about 16 years ago and after death of his mother, deceased had started living with his maternal grandfather. It is alleged that when the deceased had turned major, his father (applicant) had taken him to his house and thereafter, the deceased started living with him. On 21.01.2022, applicant had assaulted the deceased, as such, he returned back to his maternal grandfather's house, where on 23.01.2022, he was found dead in his room, which was found bolted from inside. His maternal grandfather had further disclosed that he had committed suicide by hanging himself and as such, his dead body was brought down and the police was informed. It is alleged that on account of assault by the applicant, victim had committed suicide but post-mortem report shows that the hyoid bone of the deceased has been found to be fractured. Learned counsel for the applicant has next submitted that there is absolutely no evidence to show that the applicant in any manner has goaded or abetted or instigated the deceased to commit suicide, however, police, after investigation, has submitted the charge-sheet against the applicant under Sections 323, 306 IPC but the said offence has not made out against him. Learned counsel for the applicant has next submitted that the applicant is in jail since 23.01.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail. Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the the applicant is the father of the deceased and the victim in fact has died in the house of his maternal grandfather by hanging himself and there is absolutely no evidence to show that the applicant in any way goaded or abetted or instigated the deceased to commit suicide. The applicant is in jail since 23.01.2022 and has no criminal history to his credit. Having considered the rival submissions made by learned counsel for both the parties and taking into consideration the fact that the applicant is the father of the deceased and in the FIR as well as in the statement recorded under Section 161 CrPC, it has been categorically stated that the victim had admittedly died at the house of first informant/complainant (maternal grandfather) and his dead body was found hanging by a bed-sheet, which was brought down by the complainant and hyoid bone of the deceased was found to be fractured, for which, no explanation has come forth. There is absolutely no evidence to show that the applicant in any manner goaded or abetted or instigated the deceased to commit suicide. The applicant is in jail since 23.01.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.