High Court
Case Details
Neutral Citation No. - 2025:AHC:116589 Court No. - 36 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12897 of 2025 Applicant :- Diwakar Rai Alias Raju Rai Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Rai,Yogesh Kumar Singh Counsel for Opposite Party :- G.A.,Lal Behari Yadav Hon'ble Shekhar Kumar Yadav,J.
Legal Reasoning
1. This is second bail application. The first bail application was rejected by this Court vide order dated 30.8.2024 passed in Criminal Misc. Bail Application No. 29384 of 2023.
Legal Reasoning
2. Heard learned counsel for the applicant, learned counsel for the informant and learned Additional Government Advocate for the State as well as perused the material available on record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No. 468 of 2022, under Sections 147, 148, 149, 302, 504, 506 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station- Sarai Lakhansi, District- Mau, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that as per FIR, there are five accused persons and general role has been assigned to all the accused persons. He submits that as per post-mortem report, only one gun shot injury was received by the deceased but who is the author of the injury could not be ascertained. Basaltic report also does not match with the weapon which was recovered from the possession of the applicant. There is no independent witness of the allege recovery. Learned counsel for the applicant further submits that similarly placed co-accused persons, namely, Durgvijay Yadav, Ashok Yadav, Vinay Rai @ Raja Rai, Kamlesh Rai @ Chunnu Rai and Dimple Kharwar @ Amarjeet Kharwar have been granted bail by co-ordinate Bench of this Court as well as by this Court vide orders dated 22.12.2022, 11.01.2023, 20.02.2023 and 10.4.2023 passed in Criminal Misc. Bail Application No. 53304 of 2022, 51330 of 2022, 1463 of 2023, 7253 of 2023 and 5703 of 2023. He further submits that the charge sheet was submitted on 28.9.2022 and there are 27 witnesses in the charge sheet and till date, only two witnesses have been examined before the trial Court, therefore, there is no possibility of conclusion of trial in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 23.08.2022. 5. Learned counsel for the informant as well as learned A.G.A have vehemently opposed the prayer for grant of bail and submitted that applicant has committed murder of the deceased and he is having criminal history of 13 case, therefore, the applicant is not entitled for bail. 6. In rebuttal, learned counsel for the applicant submits that all the criminal cases are petty offence and in all cases, the applicant is already on bail, which has been explained in paragraph no.32 of the affidavit. 7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 8. Let the applicant- Diwakar Rai Alias Raju Rai, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) 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. (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 her under Section 229-A IPC. (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., 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 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 him 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. With the above observation/direction, the instant bail application is allowed. Order Date :- 18.7.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad