High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34198 of 2022 Applicant :- Takeeb Urf Hasib And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajshekhar Srivastava Counsel for Opposite Party :- G.A.,Muktesh Kumar Singh Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Rajshekhar Srivastava, learned counsel for the applicants, Sri Vinod Kumar Rai, learned A.G.A. for the State, Sri Muktesh Kumar Singh, learned counsel for the complainant and perused the entire record. The instant application for bail has been moved on behalf of the applicants, Takeeb and Mokeem with the prayer to enlarge them on bail in Criminal Case Crime No.6279 of 2022 arising out of Case Crime No.52 of 2022, under Sections 304, 323, 325, 504, 506, 34 I.P.C., Police Station Dumariyaganj, District Siddharthnagar during pendency of the trial.
Legal Reasoning
Learned counsel for the applicants has submitted that the prosecution story as culled out from the first information report appears to have occurred in three legs. Initially the gaming ID of mobile registered in the name of Salman, cousin brother of the informant is said to have been used unauthorizedly by the present applicant no.1, Takeeb. Subsequently, because of aforesaid dispute, the present applicants are said to have assaulted the deceased, Mohd. Idrish, aged about 102 years by lathi and danda and are also stated to have pressed the head of the deceased against wall. The deceased ultimately succumbed to his head injury. It is also submitted by learned counsel for the applicants that the cause of death of the deceased, according to postmortem report, is reported to be coma due to ante-mortem head injury. It is further submitted by learned counsel for the applicants that there are vague and general allegations of assaulting the deceased by lathi and danda against the present applicants. No specific role has been assigned to the present applicants. The prosecution has been unable to indicate that the present applicants are author of fatal injury causing death of the deceased. Therefore, the accused/applicants, who are languishing in jail since 06.04.2022 and have no previous criminal history, deserve to be enlarged on bail. His further submission is that in case, the applicants are enlarged on bail, they shall not misuse the liberty of bail and they shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicants shall not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State and learned counsel for the complainant have vehemently opposed the prayer for grant of bail by submitting that all the applicants are named in the first information report. The deceased is stated to be aged about 102 years and he was done to death in a planned manner. The present applicants had specific mens rea to commit such offence. The witnesses including the injured witness, Salman have supported the prosecution case in their statements recorded under Section 161 Cr.P.C.. Therefore, having regard to the availability of evidence regarding complicity of the present applicants, they do not deserve to be enlarged on bail. Having heard the learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the complainant and upon perusal of record, it transpires that initially a first information report came to be lodged against the present applicants. The present applicants are named in the first information report. There are allegations to the effect that all accused persons had assaulted the deceased, who succumbed to his head injury. The injured, an eye-witness, Salman, has also stated in his statement recorded under Sections 161 Cr.P.C. that the co-accused, Sharjahan caught hold of beard of the deceased and hit his head twice/thrice against wall causing head injury to the deceased. The postmortem report reveals that the cause of death of the deceased is reported to be coma due to ante- mortem head injury. The present applicants have been assigned the general role of assaulting the deceased. The role of present applicants is distinguishable from the co-accused, Sharjahan. The accused/applicants are languishing in jail since 06.04.2022, who have no previous criminal history. Thus, having regard to the overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicants and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicants-Takeeb and Mokeem be released on bail in the aforesaid case on their furnishing the personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicants shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. The applicants 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 them from disclosing such facts to the Court or to any police ofÏcer; 5. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. 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, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. The learned trial Court is directed to proceed with the trial of the aforesaid case and conclude the same with utmost expedition, in accordance with law, without granting any unnecessary adjournments to the parties, if there is no other legal impediment. It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail. Order Date :- 24.1.2023/Mahesh Digitally signed by :- Digitally signed by :- MAHESH KUMAR MAHESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad