High Court
Case Details
Neutral Citation No. - 2023:AHC:163180 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33141 of 2021 Applicant :- Devendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Legal Reasoning
1. Heard Sri Rajeev Upadhyay, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Devendra Singh, seeking enlargement on bail during trial in connection with Case Crime No. 128 of 2021, under Section 302 I.P.C., registered at Police Station Mohammadabad, District Farrukhabad. 3. The first information report of the present case was lodged by the applicant on 17.04.2021 under Section 302 I.P.C. against unknown person alleging therein that on 17.04.2021 he had gone to deposit money at J.K. brick-kiln of the brick purchase. His mother Smt. Rama Devi aged about 75 years was alone in the house. When he returned from the brick-kiln after depositing the money he found both the doors of the house to be locked from inside. He made a shout to which there was no response from inside after which he went inside the house from back and found his mother Smt. Rama Devi lying in a pool of blood in a dead condition. Some unknown person has assaulted his mother on her head due to which she received grievous injury and died. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the son of the deceased and the first informant of the present matter. It is further argued that the police has shown that Udit Narayan Singh and Shivam Singh are two witnesses who have stated that the applicant was going on a bicycle on the day of incident at about 12 pm on which they enquired from him as to where he was going to which he got frightened and then made an extra judicial confession to them regarding his murdering his mother as she had asked for the expenditure of money and wanted to know where he spent it on which he got irritated and assaulted her with brick which was kept there after which he closed inside latch of the door from outside and then went away. It is argued that except for the said evidence there is no other evidence whatsoever against the applicant. It is argued while placing supplementary affidavit dated 28.04.2023 that the trial in the matter has started in which Shivam Singh was examined as P.W.-1 and Udit Narayan Singh was examined as P.W.-2 who have not supported the prosecution case and have been declared hostile. Paragraph 4 & 5 and Annexure-S.A.-1 & S.A.-2 to the said supplementary affidavit being the statement of the said two witnesses have been placed before the Court. It is argued that as such there is no evidence at all against the applicant. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 26.04.2021. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the first informant himself. The present case rests on the alleged confessional statement of the applicant given to Udit Narayan Singh and Shivam Singh. The said two witnesses were produced and examined before the trial court as P.W.-1 and P.W.-2 respectively who have not supported the prosecution case and have been declared hostile. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Devendra Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. Order Date :- 11.8.2023 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad