High Court
Case Details
Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17698 of 2023 Applicant :- Durvesh Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Sher Bahadur Yadav Hon'ble Dr. Gautam Chowdhary,J.
Legal Reasoning
1. Heard Sri Bharat Singh, learned counsel for the applicant, Sri Prabha Shanker Yadav, lerned counsel holding brief of Sri Sher Bahadur Yadav, learned counsel for the informant and learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 54 of 2023, under Sections 120-B, 386, 323, 324, 504, 506, 306 IPC, Police Station- Sahaswan, District- Badaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.1.2023 against the applicant and three others under Sections 323, 504, 506 IPC and according to the FIR, on 9.1.2023, applicant and other accused persons due to dispute of field made assault upon mother and bhabhi of the informant. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against the applicant and other accused persons under Sections 323, 504, 506 IPC but after the medical report of the injured persons i.e. mother and bhabhi of the informant, Section 324 IPC was added but on 13.2.2023, an application was moved by the informant before the police that on 6.2.2023, applicant and other accused persons made demand of Rs. 5 lacs and due to extortion made by them, brother of the informant ablazed herself and he is being treated in the hospital. He further submitted that on 22.2.2023, an application was moved by the wife of the deceased that on 19.2.2023 her husband succumed to the burn injury. 5. He further submitted that there is also statement of the deceased on record, which was recorded by the S.D.M. which has been annexed as Annexure No. SA-1 to the supplementary affidavit and according to the alleged dying declaration of the deceased, with the connivance of the applicant and other accused persons, police badly tortured him and due to torture of police, he committed suicide, therefore, if entire evidence, which is available on record, is accepted, then also there is no evidence on record, which can show that due to abatement of the applicant, deceased committed suicide. He further submitted that applicant has criminal history of one case, which has been explained in the affidavit accompanying the bail application and he is in jail since 13.2.2023. Learned counsel has lastly submits that the similarly situated co-accused namely, Vikram has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 11.05.2023 passed in Criminal Misc. Bail Application No. 17643 of 2023, copy of which order has been produced before this Court and is taken on record. It is thus contended that the case of the applicant stands on same footing and therefore the applicant is entitled for bail on the ground of parity. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that dying declaration of the deceased clearly suggests that applicant and other accused persons tortured the deceased and on the basis of false allegation, FIRs were lodged against him with the connivance of them and local police with their connivance, tortured the deceased and due to that reason, he committed suicide, therefore, it cannot be said that there is no evidence of abatement against the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. FIR of the present case was lodged with regard to the different incident but during investigation, on the basis of totally different allegation, investigation was started on the basis of application moved by the informant and although, as per the application dated 13.2.2023 moved by the informant, his brother ablazed himself due to extortion of Rs. 5 lacs made by the applicant and other accused persons and brother of the informant died on 19.2.2023 and after that, case was converted under Section 306 IPC but before his death, S.D.M. recorded his dying declaration and according to the dying declaration of the deceased (SA-I), it appears that although, he made allegation that applicant and other accused persons on the basis of false allegation implicated him in false cases with the connivance of the police but he specifically stated that due to torture made by the police, he committed suicide, therefore, even as per the dying declaration of the deceased, it appears that due to torture made by the police, he committed suicide, although, as per him, with the connivance of applicant and others, police tortured him. 9. Therefore, from the discussion made above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Durvesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.5.2023 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad