High Court
Case Details
Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41782 of 2022 Applicant :- Sanjay Rathi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Opposite Party :- G.A.,Nitin Sharma Hon'ble Ashwani Kumar Mishra,J.
Legal Reasoning
Heard Sri Sri Abhash Sharma, learned counsel for the applicant, learned AGA for the State, Sri Nitin Sharma, learned counsel for the first informant and perused the record. This bail application has been filed by the applicant seeking bail in Case Crime No. 892 of 2022, under Sections 392, 323, 342, 504, 506, 306 IPC, Police Station Kavi Nagar, District Ghaziabad. As per the allegations made in the first information report, it is alleged that on 7.7.2022, one Ashish Tyagi, son of first informant alongwith his friends Anubhav Chaudhary @ Nonu and Sanjay Rathi (applicant) had gone to attend the engagement ceremony of his friend Akshay Chaudhary. After the engagement ceremony, applicant- Anubhav Chaudhary had hidden the keys of his vehicle and did not return it back to him, then Ashish after taking the vehicle of Sanjay Rathi was coming at the house of Akshay Chaudhary, however on the way near the diamond tea point the vehicle met with an accident, thereafter, Ashish made a phone-call to his friends and informed them that he has met with an accident. Consequent thereto, applicant - Sanjay Rathi, Anubhav Chaudhary @ Nonu, Akshay Chaudhary and Ajaypal reached there and started misbehaving with Ashish and assaulted him and snatched a golden ring, watch, necklace and taken him to the V.V.I.P. Society and detained him there and assaulted him. Later had taken the accidental vehicle to Dreams Hyundai and started making a demand of Rs. 1,50,000/- and stated that till his vehicle gets repaired, they will not return back his car nor his valuables. Ashish thereafter returned back to his house in a weeping state and informed him the incident. Again on 9.7.2022, the applicant went in the marriage of Akshay and asked them to return back his car, however they refused to return back his car and extended death threats to him. Thereafter, Ashish returned back in a weeping state and though his friends repeatedly assured him that he will get back his vehicle and asked him not to worry about it. He came back at the house and after sending SMS to the applicant and his brother in-law Sanjay Rathi, committed suicide by shooting him from the licenced pistol of the first informant. Learned counsel for the applicant has next submitted that even from the allegations made in the first information report and the material collected during the course of investigation, no offence under Section 306 IPC is made out against the applicant. It is next submitted that even according to the prosecution own case, the victim was assured to get back his vehicle after the repair of the accidental vehicle, however it appears that on account of over sensitivity, the deceased had committed suicide, for which, the applicant cannot be blamed. He has further submitted that even according to the prosecution own case, there is absolutely no evidence to show that the applicant, in any manner, goaded, instigated or abetted the deceased to commit suicide. Further, there is no evidence to show that in the given circumstances, the applicant had no other option but to commit suicide. It is further argued that the applicant is in jail since 13.7.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. Charge sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail. It is lastly submitted that co-accused Anubhav Chaudhary @ Nonu has already been enlarged on bail by a co- ordinate Bench of this Court vide order dated 6.12.2022 passed in Criminal Misc. Bail Application No. 37751 of 2022 and parity is also claimed. Per contra, learned A.G.A. as well as counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that even taking into consideration the entire allegations on its face value, it cannot be said that applicant, in any manner, goaded, instigated or abetted the deceased to commit suicide and that the applicant has no other option in the circumstances of the case but to commit suicide. Having considered the respective submissions advanced and upon perusal of the materials placed on record as also considering the argument that the co-accused has already been enlarged on bail; trial may take sufficiently long; there is no immediate provocation or incitement on part of the applicant, without further commenting upon merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial. Let the applicant - Sanjay Rathi involved in aforesaid 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, 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 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. (iv) 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. (v) 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. (vi) The applicant shall remain present, in person, before the trial court on the 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. 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. Accordingly, the present bail application is allowed. Order Date :- 13.12.2022/nd Digitally signed by NISITH DEY Date: 2022.12.15 11:13:57 IST Reason: Location: High Court of Judicature at Allahabad