High Court
Case Details
Neutral Citation No. - 2023:AHC:209942 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46340 of 2023 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Dwivedi,Pranshu Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
Legal Reasoning
1. Shri Ashok Kumar Rai, Advocate, has filed his vakalatnama on behalf of first informant/ complainant, which is taken on record.
Legal Reasoning
2. Heard learned counsel for the applicant, learned A.G.A for the State as well as the learned counsel for the complainant and perused the record. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that complainant has lodged the F.I.R. dated 23.07.2023 naming five accused persons, namely, Sukhlal, Vijendra, Naresh, Ravi (applicant) and Rajendra with regard to the incident of the same day alleging therein that with regard to a old dispute of land all accused persons assaulted four persons, namely, Sheelesh, Rahul, Ramu and Ram Autar with lathi, danda and axe, on account of which Ramu died on the spot on account of sustaining injuries on his head by axe and other persons sustained serious injuries. In the postmortem of the deceased, Ramu, one ante mortem injury of incised wound of 5.0 c.m. x 1.0 c.m. was found, and his cause of death was found to be coma as a result of ante mortem head injury. The Investigating Officer recorded statements of complainant, witnesses and injured persons. One injured, Sheelesh in his statement has stated that accused Rajendra assaulted the deceased on his head with axe which resulted into his death, thereafter, he assaulted to him with axe. The Investigating Officer also recovered axe from an open field on the pointing out of Rajendra. Learned counsel for the applicant further submits that the injured Sheelesh also sustained injuries of incised wound on his head and leg, which was also caused by the co-accused, Rajendra, thus, specific role has been assigned to the co-accused, Rajendra. Learned counsel for the applicant further submits that no specific role and also no specific weapon has been assigned to the applicant and general role has been assigned to the applicant in the F.I.R. as well as in the statements of injured persons. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.07.2023, having no criminal history. 4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant-Ravi, involved in Case Crime No. 42 of 2023, under Sections 147, 148, 149, 323, 307,302, 504 I.P.C., Police Station Mansukhpura, District Agra, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 date 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (v) The applicant 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 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 and the trial court may proceed against him under Section 229-A IPC. 7. 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 in accordance with law. 8. The bail application is allowed. Order Date :- 2.11.2023 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad