High Court
Case Details
Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21036 of 2020 Applicant :- Chand Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam,Arvind Kumar Singh,R.S. Maurya,Rajesh Kumar Sharma,Ram Singh Kushwaha,Zain Abbas Counsel for Opposite Party :- G.A.,Harish Chandra Hon'ble Krishan Pahal,J. 1. List has been revised.
Legal Reasoning
2. Heard Shri Rajesh Kumar Sharma and Shri Zain Abbas learned counsels for the applicant as well as Shri V.K.S. Parmar, learned A.G.A. for the State and perused the record. Learned counsel for the informant is not present 3. Applicant seeks bail in Case Crime No. 2265 of 2019, under Sections 302, 34 I.P.C., Police Station Sahibabad, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons named in the FIR along with the deceased person were all drug addicts and were admitted in the drug de-addiction centre named Abhar Nasha Mukti Kendra which was being run in a rented house as some cracks were found in the original building. In the night of 28.10.2019, the informant got an information from the one Manik son of Dinesh Gupta that there is something serious to have happened in the room of the brother of the informant. At this information, the informant along with Abhishek Vatsya, Pintoo and Sanjay reached the said drug de-addiction centre and in the room, which was on the first floor, he saw that his brother Sabir Khan was found tide up and his mouth was gagged by cloth. The CCTV footage of the centre was checked by the informant and the others and it was found that the applicant and the seven other named persons had smothered his brother to death. All the accused persons including the applicant were found missing from the place of occurrence. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. All the drug addicts are psychiatric patients as such, they are to be seen with the sympathy and not apathy. Learned counsel has stated that the CCTV footage does not indicate as to the applicant having been involved in the said smothering of the deceased person. Learned counsel has stated that the drug de-addiction centre are bound to be safe haven of such persons who are subjected to treatment there. The said offence committed, if any, may fall within the general exceptions provided under the Penal Code. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 30.10.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail. Learned counsel has stated that the only statement of PW-1 has been recorded in Court, that too way back on 22.08.2022 and even his cross-examination has not been completed as yet and up-to-dated ordersheet has been filed which indicates that no other witnesses have been examined. Learned counsel has stated that there is no likelihood of early conclusion of the trial in near future. Learned counsel has even indicated several contradictions in the statement of witnesses. Learned counsel has further stated that even no certificate mandatory under Section 65B of the Indian Evidence Act has been fetched by the Investigating Officer. 7. Per contra, learned A.G.A. has vehemently opposed the bail application and has stated that the matter does not fall within the general exceptions and the case of the applicant is barred by the Section 85 IPC, as such he is not entitled for bail. 8. The Apex Court in the case of Union of India vs. K.A. Najeeb, AIR 2021 SC 712, has observed as under:- "We are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail." 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that there is no likelihood of early conclusion of trial 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. 10. Let the applicant- Chand involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected. (v) 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 or tamper with the evidence. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.2.2023 Ashutosh Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad