High Court
Case Details
Neutral Citation No. - 2023:AHC:100147 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19420 of 2023 Applicant :- Rambali Opposite Party :- State of U.P. Counsel for Applicant :- Harshit Pathak,Anurag Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
Legal Reasoning
2. The instant bail application is listed today in the fresh cause list at serial no. 72 but in the morning learned counsel for the applicant made a mention that the condition of the applicant is serious as he is suffering from black fungus and the fact that his condition is serious is even evident from the letter of Jailor, District Jail, Saharanpur, which has been annexed as Annexure No. 8 to the affidavit, therefore, this case is being taken out of turn. 3. Heard Sri Anurag Pathak, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA-I for the State- respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 274-A of 2012, under Sections 147, 148, 149, 302, 307, 504, 506 IPC, Police Station- Gangoh, District- Saharanpur, during pendency of the trial in the court below. 5. FIR of the present case was lodged against applicant and 16 others and according to the FIR, applicant and his associates committed the murder of one Buggad. 6. Learned counsel for the applicant submitted that entire allegations made against the applicant and other accused persons are totally false and during investigation, it was found that one Kolinder committed the murder of the deceased Buggad and nomination of other accused persons including applicant was found false and as Kolinder had also died, therefore, on 4.7.2013 final report has been submitted but in the year 2014, informant filed protest petition and on his protest petition on 14.12.2018 applicant and other accused persons were summoned and as applicant could not become aware about the summoning order dated 14.12.2018, therefore, he could not appear before the Court concerned and he was arrested on 4.4.2023 pursuant to the NBW. 7. He further submitted that all the other accused persons, who were also summoned along with the applicant, have been released on bail and their bail orders have been annexed as Annexure No. 6 to the affidavit. He further submitted that it is a cross case and from the side of applicant three persons lost their lives and from the side of the applicant, an FIR was earlier lodged than the FIR of the present case. He further submitted that applicant is seriously ill and his condition is critical, therefore, considering the nature of allegation, facts of the case and physical condition of the applicant, he may be released on bail. 8. Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that earlier in the present matter nomination of the applicant and other accused persons, who were named in the FIR, were found false and it was found that Kolinder committed the murder of the deceased Buggad and as Kolinder had already died, therefore, final report has been submitted in the year 2013 and in the year 2018 applicant was summoned along with other accused persons on the basis of protest petition and other accused persons, who were also summoned along with the applicant, have been released on bail. 9. Learned AGA further could not dispute the fact that it is a cross case and FIR from the side of applicant has earlier lodged than the FIR of the present case and in the incident, from the side of applicant, three persons lost their lives. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the perusal of the record, it appears that although, FIR of the present case was lodged in the year 2012 and applicant was named along with the 16 others but during investigation, the involvement of the applicant and other accused persons were found incorrect and it was found that one Kolinder committed the murder of the deceased Buggad and as Kolinder had already died, therefore, in the year 2013 final report was submitted but thereafter protest petition was filed and in the year 2018 applicant and other accused persons were summoned. Record further shows that all the other accused persons, who where summoned along with applicant, have been released on bail and case of applicant is at par with them. 12. Further, it appears from the record that the present case is a cross case and earlier from the applicant side an FIR was lodged against the informant side including deceased Buggad and from the side of applicant, three persons lost their lives. Applicant although, is in jail since 4.4.2023 but his condition is serious and this fact is evident from the letter of Jailor, District Jail, Saharanpur dated 18.4.2023, therefore, considering the totality of the facts and circumstances of the case, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Rambali 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. 15. 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. Order Date :- 9.5.2023 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad