High Court
Case Details
Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47907 of 2021 Applicant :- Vijay Kumar @ Vaiju Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw. Counsel for Applicant :- S.P.S. Chauhan,Sarthak Singh,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.,Dur Vijay Singh Hon'ble Mrs. Manju Rani Chauhan,J. The case is taken up in the revised call.
Legal Reasoning
Heard Mr. Sarthak Singh, learned counsel for the applicant, Mr. Dur Vijay Singh, learned counsel for the informant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record of the present bail application. The present bail application has been filed on behalf of applicant Vijay Kumar @ Vaiju, with a prayer to enlarge him on bail in Case Crime No. 16 of 2021, under Sections 452, 323, 337, 504, 302/34 of the IPC registered at Police Station Kotwali Hasayan, District Hathras during pendency of the trial. Brief facts of the present case are that the first information report has been lodged on 27.01.2021 at 18:10 P.M., by son of the deceased Chandrapratap Singh @ Lochu against the applicant and three other named persons, under Sections 452, 323, 337, 504 of I.P.C. stating therein that on 26.10.2021 at about 06:00 PM. co-accused Gajendra @ Jhandu first started abusing the first informant's father and went away. On 27.01.2021 at about 01:00 P.M. co-accused Gajendra @ Jhandu, Akash Kumar @ Aaka, Ritik and the present applicant entered into the house of the first informant and assaulted the informant's father by bricks and Danda by which Chandrapratap Singh @ Lochu sustained serious injuries and when Kumud Kumar Singh, cousin of the first informant was going to provide medical aid to the injured, on way applicant and other co-accused persons assaulted the first informant and Kumud Kumar Singh, by which they sustained injuries. After lodging of the first information report, medical examination of the first informant and Kumud Kumar Singh, were conducted on 27.01.2021 at 03:50 P.M. and 04:25 P.M. respectively. After death of the injured Chandrapratap Singh @ Lochu on 28.01.2021 inquest proceedings was commenced on 28.01.2021 at 06:30 P.M; postmortem of the deceased was conducted on 28.01.2021 at 10:00 P.M. As per postmortem report, two lacerated wounds, two traumatic swelling wounds were found on the person of the deceased on the skull. After recording the statement of the injured and other prosecution witnesses under Section 161 of Cr.P.C., the Investigating Officer has submitted charge-sheet against the applicant and other three named co-accused persons on 07.04.2021. The applicant was arrested on 31.01.2021. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is no eye witness of the alleged incident. As per allegation of the first information report, the first informant was not present at the place of the incident. It is further submitted that the injured Kumud Kumar Singh, has not sustained any injury in the first incident at the house of the first informant. It is further submitted that general allegations of committing assault has been assigned to the applicant and other co-accused persons. It is next submitted that first informant has improved his first and second statement recorded under Section 161 Cr.P.C. There are material contradiction between the ocular and medical testimony. It is further submitted that no incriminating article has been recovered from the possession of the applicant. It is next argued that applicant has no motive for committing the said offence. The main motive has been assigned to co-accused Gajendra @ Jhandu, who has already been granted bail by the Coordinate Bench of this Court vide order dated 23.05.2022 in Criminal Misc. Bail Application No. 20399 of 2022. It is further submitted that applicant has no concern with the co-accused Gajendra @ Jhandu. It is further submitted that the injuries of the injured, first informant and Kumud Kumar Singh, are superficial and simple in nature. It has also been submitted that co-accused, Ritik and Akash Kumar @ Aaka having similar role, have already been enlarged on bail by the Coordinate Bench of this Court vide order dated 27.04.2022 and 04.05.2022 in Criminal Misc. Bail Application No. 35518 of 2021 and 35674 of 2021 respectively, a copy of said orders have been produced by learned counsel for the applicant which are taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is next argued that there is no prospect of trial being concluded in near future due to heavy dockets. It is next submitted that the applicant is languishing in jail since 31.01.2021. It has been pointed out that the applicant has no criminal history. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Accordingly, he requests for bail. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant involved in aforesaid case crime be released on bail on his furnishing personal bonds and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 misuse 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 are 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 6.12.2022/Arti Digitally signed by ARTI SHARMA Date: 2022.12.07 16:46:42 IST Reason: Location: High Court of Judicature at Allahabad