High Court
Case Details
Court No. - 69 Neutral Citation No. - 2023:AHC:144979 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31836 of 2023 Applicant :- Kanti Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Singh,Anirudh Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Sanjay Kumar Singh, learned counsel for the applicant, Sri V.P. Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Kanti, seeking enlargement on bail during trial in connection with Case Crime No.0005 of 2023 under Sections 302, 201 IPC, registered at Police Station Ramraj, District Muzaffarnagar. 4. The FIR of the present case was lodged on 19.1.2023 by Rohit against the applicant and three other co-accused persons namely Naresh, Jayki and Ranjeet alleging therein that his father Arvind used to do labour work in the field of Naresh. The other accused persons were also working there. There was some dispute with regards to payment of wages and there was a fight also between them. Naresh forcibly put them to work in his field. On 3.1.2023, his father went to the field but did not return back for many days. He and his family members searched his father a lot but he could not be searched out. On 10.1.2023, he got a missing report lodged. On 18.1.2023 he and other villagers went to river Ganga and Khadar to search his father where the dead-body of his father was found in the river bank of Ganga. Thereafter postmortem was conducted on the body of the deceased. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that there is no eye-witness to the murder. It is argued that it is a case of circumstantial evidence. There is no recovery of any incriminating article either from the possession of the applicant or at his pointing out. It is argued that on the pointing out of co-accused Jayki, a spade was recovered. It is argued that that the applicant is a lady and is entitled to get benefit under Section 437 Cr.P.C. Co-accused Ranjeet and Naresh have been granted bail by coordinate Benches of this Court vide orders dated 7.4.2023 and 3.5.2023 passed in Criminal Misc. Bail Application Nos.13069 of 2023 and 16275 of 2023, copy of the same is annexed as Annexure No.7 to the affidavit filed in support of bail application. The applicant has no motive to commit the aforesaid offence. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 20.1.2023. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the there is no eye-witness to the murder. It is a case of circumstantial evidence. There is no recovery of any incriminating article either from the possession of the applicant or at his pointing out. The applicant has no motive to commit the aforesaid offence. Co-accused Ranjeet and Naresh have been granted bail by coordinate Benches of this Court. The applicant is a lady. 8. 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. 9. Let the applicant-Kanti, 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. 10. 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. 11. The bail application is allowed. Order Date :- 20.7.2023 Gaurav Kuls (Samit Gopal, J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad