High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46131 of 2022 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri A Kumar Srivastava, learned counsel for the applicant, Sri Awanish Kumar Mishra, learned A.G.A. for the State and perused the entire record. The instant application for bail has been moved on behalf of the applicant, Amit with the prayer to enlarge him on bail in F.I.R./Case Crime No.471 of 2022, under Sections 302, 376/511, 34 I.P.C., Police Station Chandpur, District, Bijnor during pendency of the trial. Learned counsel for the applicant has submitted that the innocent applicant has been falsely implicated in this case along with other co-
Legal Reasoning
accused. His further submission is that the first information report came to be lodged by the first informant/Rajveer, father of the deceased, on 20.7.2022 against six named accused persons alongwith two unknown persons alleging therein that on 19.7.2022 at about 8:30 a.m., his daughter Kumkum had gone to fetch fodder for her cattle, when she did not return back even after lapse of 3- 4 hours, then the first informant alongwith relatives started searching for her in the jungle, where they met Anshul, Chhotu, Kanchan, Deepak, Raju, Tejpal and Anil, who started hurling abuses and stated that they had killed Kumkum after committing rape upon her as she used to damage standing crops in their fields and threatened not to take any legal action. Thereafter, Investigating OfÏcer recorded the statement of first informant under Section 161 Cr.P.C., who reiterated the same story as mentioned in the first information report. After five days of the incident, another application was handed over to C.O., Chandpur by Sunil, husband of the deceased stating therein that in between 15.7.2022 to 19.7.2022, he had gone to Haridwar for some personal work and on 19.7.2022, Vishal son of Mukesh and Deepak son of Rohtash came at Haridwar and informed him that his mother is seriously ill and asked him to return back to his village, however, after sometime, he received a phone-call informing that his wife has been done to death and as such, he returned back to his village alongwith Vishal and Deepak. Vishal continued to mislead him and now, it has been disclosed that Vishal was having illicit relations with his wife and about one year back, by exercising exorcism Vishal had molested his wife, who had informed him about the said incident but he kept quite. It has now been disclosed through villagers and inmates of the house that on 19.7.2022 at about 6 p.m. Vishal had come at his house and demanded Rs. 500/- from his wife. He frequently used to talk to her on phone and on 19.7.2022 at about 8 a.m., his wife had gone to jungle to fetch fodder, then Vishal reached there alongwith co-accused, Koshendra, present applicant, Amit and Chhotu, who have been seen by one Ramendra Saini. Learned counsel for the applicant has also submitted that the alleged recovery of mobile phone, which belongs to the present applicant, has been falsely shown. He next argued that no photos were retrieved from the said mobile phone and also the same was not made part of the case diary. The co-accused, Koshendra has already been granted bail by co-ordinate Bench of this Court, vide order dated 08.12.2022, passed in Criminal Misc. Bail Application No.50021 of 2022. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 25.07.2022, who has no previous criminal history. His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State has
Legal Reasoning
vehemently opposed the prayer for grant of bail by submitting that the applicant along with other co- accused has committed heinous offence of rape and murder, therefore, he is not entitle to be enlarged on bail. However, he could not dispute the other factual submissions advanced by the learned counsel for the applicant including the fact that the applicant was not named in the first information report and the co-accused, Koshendra has already been granted bail by co-ordinate Bench of this Court, vide order dated 08.12.2022, passed in Criminal Misc. Bail Application No.50021 of 2022. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that the applicant was not named in the first information report. The name of the present applicant find mention, for the first time, in the subsequent applicant given by Sunil, husband of the deceased, to the C.O., Chandpur. The co-accused, Koshendra, whose name also find mention in the aforesaid subsequent applicant given by Sunil, husband of the deceased, to the C.O., Chandpur, has already been granted bail by co-ordinate Bench of this Court, vide order dated 08.12.2022, passed in Criminal Misc. Bail Application No.50021 of 2022. The applicant is languishing in jail since 25.07.2022, who has no previous criminal history. Thus, having regard to the overall facts and circumstances this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicant, Amit be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer; 5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. 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, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.1.2023 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad