Indrasan & Anr. v. State of U.P

Heard learned counsel for the applicants, Sri Vijai Kumar Tripathi, learned counsel for the informant and learned A.G.A. for the State. There is allegation in the first information report that illegal encroachment was made by the deceased and other persons on the government land. On the fateful day revenue officials got the land in dispute vacated from the encroachers. The deceased was one of the encroachers. Thereafter, it appears that when the applicant and other were passing by in front of the house of the deceased stone pelting was made and the deceased died. Implication under Section 304 I.P.C. was hence made. Learned counsel for the applicant submits that there was no intention to cause the murder of the deceased. It is a case of culpable homicide not amounting to murder. Applicant is in jail since 28.06.2023. Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicants; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicants, Indrasan & Phulena, involved in Case Crime No.567 of 2023, under Sections 323, 504, 506, 304 I.P.C, Police Station Kotwali Padrauna, District- Kushinagar be released on bail on their 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 applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that they 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. (iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code. (iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

(v) The applicants 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 applicants 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 them in accordance with law. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. Identity, and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted Order Date :- 9.10.2023 SS SURENDAR SINGH NARANG High Court of Judicature at Allahabad