High Court
Case Details
Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47285 of 2022 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Onkar Nath Hon'ble Rahul Chaturvedi,J.
Legal Reasoning
Heard Sri S.A.Imam, learned counsel for the applicant, Sri Onkar Nath, learned counsel for the informant as well as learned A.G.A for the State and perused the record. By means of this application, the applicant who is involved in case crime no.383 of 2022, under Sections 302 and 120B IPC, Police Station- Surajpur, District-Gautam Budh Nagar is seeking enlargement on bail during the trial.The applicant is in jail since 16.07.2022. Contention raised by the counsel for the applicant is that the present FIR was registered by one Govardhan Singh under section 302 IPC against Lal Singh and two unknown persons with the specific allegation that there was a bad breath between Lal Singh (husband) and his wife Kusum. Both of them are at the loggers head. In addition to this, Kusum has initiated a proceeding under Section 125 Cr.P.C. and on 07.06.2022 on the particular date due to intervention of the Court,both of them decided to live jointly. Thereafter both of them started residing at NOIDA in a rented accommodation owned by Raj Singh @ Bittu. On 14.07.2022, the informant come to know that his daughter was eliminated. Consequently, the aforesaid FIR was registered against the applicant and two other unknown persons. The name of the applicant has been figured up after one month of the incident in the statement of one Kiran wife of Ramji Lal, whereby she has added an angle of illicit relationship with the applicant. There is plausible justification coming forward as to why and under what circumstances, the name of the applicant figure up after one month of the incident. The post mortem report reveals that except one traumatic swelling over the head, there is no injury over person and the cause of death due to coma on account of ante mortem head injury. Taking into account the totality of circumstances, it is argued by learned counsel for the applicant that applicant has got no motive to eliminate the deceased. It is further contended by the counsel that the name of the applicant has figure up after one month of the incident in the statement of one Kiran after adding an angle of illicit relationship with the applicant. Onkar Nath, learned counsel for the complainant opposed the prayer for bail by tooth and nail but could not dispute the facts and the legal submissions as argued by the learned counsel for the applicant. Keeping in view the totality of the circumstances, the way and manner, the name of the applicant figure up after one month of the incident without attributing any role or motive to the applicant. I am of the view that the applicant has made out a case for bail. It is made clear that the case of the applicant is clearly distinguishable from co-accused Lal Singh. Let the applicant, Manoj, 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC. (iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC. (iv) THE APPLICANT/APPLICANTS 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/APPLICANTS IS/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 HIS/HER/THEIR 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/APPLICANTS. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-: 1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. 2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. 3. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 6.12.2022 Abhishek Sri. Digitally signed by ABHISHEK RANJAN SRIVASTAVA Date: 2022.12.07 10:36:08 IST Reason: Location: High Court of Judicature at Allahabad