High Court
Case Details
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36843 of 2022 Applicant :- Suddhan Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Gaya Prasad Mishra,Shikher Trivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Shikher Trivedi, the learned counsel for applicants and the learned A.G.A. for State. This application for bail has been filed by applicant Suddhan Chauhan seeking his enlargement on bail in Case Crime No. 177 of 2022, under sections 304 IPC, Police Station- Mohammadabad, District Mau during the pendency of trial. Perused the record. Record shows that in respect of an incident which is alleged to have occurred on 17.4.2022 a belated F.I.R. dated 17.4.2022 was lodged by first informant Gulzar which was registered as Case Crime No. 177 of 2022, under section 304 IPC, Police Station- Mohammadabad, District Mau. In the aforesaid F.I.R. two persons namely, Shahban and Suddhan Chauhan have been nominated as named accused. The gravamen of the allegations made in the F.I.R. is to the effect that named accused Shahban and Suddhan Chauhan alongwith Irsahd Ahmad were consuming Alchol. At this juncture, some scuffle took place on account of which named accused assaulted Irshad Ahmed. As a result Irshad Ahmad sustained injuries. He was taken to CHC Mohamdabad but was declared brought dead by the Doctor. After lodging of aforesaid F.I.R. Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII Cr.P.C. The inquest of the body of deceased was conducted on 17.4.2022 itself. In the opinion of panch witnesses, the nature of death of deceased was characterized as homicidal. Thereafter, the post mortem of the body of the deceased was conducted. The autopsy surgeon found following ante-mortem injuries on the body of deceased: "1- A traumatic swelling- 6 cm x 4 cm on Lt. side scalp 8 cm above and behind from Lt. ear. 2- A traumatic swelling- 4 cm x 3 cm on Rt. side scalp, 6 cm above and behind from Rt. ear." In the opinion of autopsy surgeon the cause of death of deceased was ante mortem head injury. Ultimately, after completion of investigation, Investigating Officer submitted charge-sheet dated 23.4.2022, whereby named accused have been charge sheeted under section 304 IPC. Learned counsel for applicants contends that though the applicant is a named as well as charge sheeted accused but he is innocent. Referring to the F.I.R., learned counsel for applicant submits that it is an admitted case of the prosecution that the occurrence has taken place at the time when accused and the deceased was under the spell of Intoxication. As per nature of injury, it is evident that there was no intention on the part of applicant to commit the alleged crime. Occurrence has taken place at the sper of moment and not committed with a premeditated mind. It is then contended that applicants are men of clean antecedents inasmuch as they have no criminal history to their credit except the present one. Applicant is in jail since 18.4.2022. As such, he has undergone more than 7 months of incarceration. In case applicant is enlarged on bail he shall not misuse the liberty of bail and shall co-operate with the trial. Per contra, the learned A.G.A has opposed this application. He submits that applicants are named as well as charge sheeted accused. On the aforesaid facts, learned A.G.A. submits that applicants do not deserve any indulgence by this Court. Having heard the learned counsel for applicants, the learned A.G.A. for State, upon perusal of material brought on record, as well as complicity of applicants, accusations made coupled with the fact that it is an admitted case of prosecution that occurrence has taken place under the spell of intoxication, there being no grieveous or fatal injury on the body of deceased, but without making any comment on the merits of the case, applicants have made out a case for bail. Accordingly, the bail application is Allowed. Let the applicant Suddhan Chauhan, 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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. (ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC. (iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC. (iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW. (v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above. Order Date :- 19.11.2022 Arshad Digitally signed by ARSHAD MAHMOOD Date: 2022.11.23 15:57:45 IST Reason: Location: High Court of Judicature at Allahabad