High Court
Case Details
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26070 of 2022 Applicant :- Banti Alias Bantu And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.,Shravan Kumar Mishra Hon'ble Vivek Kumar Singh,J. Heard Sri Brajesh Kumar Solanki, learned counsel for the applicant and Sri Shravan Kumar Mishra, learned counsel for the complainant and Sanjay Singh, learned A.G.A.-I appearing for the State.
Legal Reasoning
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that initially the first information report of the present case was lodged on 28.5.2021 at about 05:36 hours, under Sections 147, 148, 149, 352, 323 I.P.C., by Rajveer Singh, naming the applicant and five other persons as accused alleging therein that he was getting his house constructed where the accused persons came and with an intention to illegally take possession of the same assaulted him with sword, kulhari, farsa, pistol and country made pistol, subsequently Section 304 I.P.C. was also added in the said first information report in which the applicants were admitted to bail vide order dated 7.4.2022 passed in Criminal Misc. Bail Application No.35379 of 2021, a copy of said order is annexed as annexure-2 to the affidavit accompanying this bail application. Thereafter, the case was converted to Section 302 I.P.C.. It next contended that the common role of assaulting the deceased by different weapons has been assigned to all the co- accused persons and no specific role has been assigned to any of the accused person. Learned counsel for the applicants argued that in the present matter the first informant Rajveer Singh and Nar Singh Pal are alleged to have been received injuries. It is argued that Nar Pal Singh died on 28.5.2021 after which Section 302 I.P.C. has been added. Learned counsel has further argued that the injured Rajveer Singh has received four injuries on his person but the doctor conducting medical examination has opined the injuries to be simple in nature. It is further argued that the deceased Nar Singh Pal was found to have received one swelling on the skull(frontal area), but on the internal examination of the same the doctor did not find any abnormality in it. It is argued that cause of death was opined as cardio pulmonary arrest and as such death of the deceased Nar Pal Singh was a natural death. It is argued that the applicants have no other criminal antecedents as stated in para- 29 of the affidavit and is in jail since 30.6.2021. Learned counsel for the complainant as well as learned A.G.A.-I vehemently opposed the prayer for bail and argued that the applicants were named in the F.I.R. along with five other accused persons and had joined hands and committed the present incident. It is argued that all the accused persons were armed with deadly weapons and the injured Rajveer Singh who is the first informant, has received as many as four injuries on his person which corroborates from the prosecution version. It is argued that even the deceased Nar Singh Pal has received one injury and had died due to shock to him because of the said injury and the manner of assault as the accused persons barged into the house of the first informant and committed the said incident. It is prayed that the prayer for bail be rejected. Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let the applicants (i) Banti @ Bantu (ii) Kallu alias Raheeshpal Singh (iii) V-P- S/o Prempal Singh (iv) Subhash (v) Bobby involved in Case Crime No.221 of 2021 (S.T. No.1609 of 2021), under Section 302 I.P.C., Police Station Harduaganj, District Aligarh be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (i) The applicants shall file an undertaking to the effect that they 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 applicants are 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 them 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. The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 16.8.2022 Dev/- Digitally signed by DEV PRAKASH Date: 2022.08.18 17:29:20 IST Reason: Location: High Court of Judicature at Allahabad