High Court
Case Details
Neutral Citation No. - 2023:AHC:182212 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28074 of 2023 Applicant :- Vishal Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla,Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Anup Kumar Srivastava Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.232 of 2023 under Sections 147, 148, 307, 323, 504, IPC and section 3/25/27 Arms Act, Police Station Chiluatal, District Gorakhpur.
Legal Reasoning
Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to previous enmity and political rivalry. It is submitted that as per the FIR version which was lodged by the informant Amar Singh, it is stated that co-accused co-accused Neeraj Chauhan has shot fire upon the left side of the injured Deepak Gaur. The injured Deepak Gaur also stated in his statement under section 161 Cr.P.C. and 164 Cr.P.C. that on the exhortation of co-accused Raj Kumar Chauhan, the co- accused Neeraj Chauhan has shot fire upon him and supported the version of FIR. As per the medical report of the injured the doctor found gun shot injury on the body of the injured and referred him to District Hospital, Ghakhapur for expert opinion, thereafter the injured was medically treated in the private hospital. As per the statements of applicant Vishal Chaudhary it transpires that he was about to shot fire upon the injured, in the meantime Neeraj Chauhan has shot fire on the injured. The police recovered one pistol from the possession of applicant. The motive of crime i.e. previous enmity was assigned to the co-accused Raj Kumar Chauhan who was enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.25384 of 2023, vide order dated 13.06.2023. There is no motive assigned to the present applicant to commit the alleged crime and as per the FIR version applicant was assigned role of assault by lathi-danda, but the injured has not received any injury of lathi-danda. There is no evidence against the present applicant to commit with the present crime. Applicant has criminal history of two cases which have been explained in para-4 of supplementary affidavit dated 11.08.2023 and the applicant was enlarged on bail in both the cases from the court below. The applicant is languishing in jail since 16.05.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. On the other hand, learned counsel for the informant as well as learned AGA for the State have opposed the prayer for bail and submitted that applicant was present on the spot and he was caught by the public persons who were present there and handed over to the police. The main role is assigned to the co- accused Neeraj Chauhan who shot fire upon the injured Deepak Gaur and the present applicant assaulted the injured by lathi-danda. The injuries sustained by the injured are grievous in nature and admitted to hospital. If the applicant is released on bail he will temper the evidence, hence opposed the prayer for bail. Considering the facts and circumstances of the case and taking into account that as per the FIR it is mentioned that Neeraj Chauhan has shot fire on the injured Deepak Gaur, the injured Deepak Gaur also stated in his statement under section 161 Cr.P.C. and 164 Cr.P.C. that on the exhortation of co- accused Raj Kumar Chauhan, the other co-accused Neeraj Chauhan has fired shot upon him, applicant Vishal Chaudhary in his statement recorded under section 161 Cr.P.C. during course of investigation stated that he was about to shot fire upon the injured, in the meantime co-accused Neeraj Chauhan has shot fire on the injured, there is no prima-facie evidence at this stage that it was present appellant Vishal Chaudhary. It is to be decided after evidence produced during trial that who is the main assailant, applicant has criminal history of two cases which have been explained in para-4 of supplementary affidavit dated 11.08.2023 and the applicant was enlarged on bail in both the cases from the court below, applicant is languishing in jail since 16.05.2023 and undertakes that in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused- applicant on bail. The case of co-accused Neeraj Chauhan is distinguished from the case of present applicant. Let applicant Vishal Chaudhary, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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. is issued and the 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 of the Indian Penal Code. (iv) The applicant 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 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. (v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety,
Decision
shall not be disposed of by them till the conclusion of trial. (vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. Order Date :- 20.9.2023/VKG (Renu Agarwal,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad