High Court
Case Details
Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55173 of 2022 Applicant :- Mohit @ Munnu @ Vishal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Ashwani Kumar Mishra,J. The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 208 of 2022, under Section 304 IPC, Police Station Kotwali Hathras, District Hathras.
Facts
Counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the first information report was lodged after 15 hours from the incident. Even if it is assumed that some time may have been taken to take the injured to the hospital and after when it was found that she was dead the first information report was lodged, is also not worth belief in view of the fact that it has been admitted by the informant that the dead body of the deceased was taken to village and the first information report was lodged delayed on the ground that other persons suggested that both sides are relative. It is further submitted that the fact that applicant herein is himself is a tenant in the property in question and stand taken in the first information report that the accused were trying to get the house vacated from the informant side. It is further submitted that admittedly the house was in a dilapidated condition and at any cost very old and admittedly Chajja alognwith boundary had fallen down exactly on the same spot where the deceased was found lying injured. It is further submitted that initially first information report was lodged under Section 302 IPC, however, during investigation it was converted to under Section 304 IPC. By drawing attention to the Annexure-5 to the writ petition, which a parcha of the case diary, it is submitted that the first information report was lodged deliberately as the informant's side was trying to obtain some money from the accused side to compromise the matter. Submission, therefore, is that it is a case of false implication. It is further submitted that postmortem report would clearly reflect that the injury suffered by the deceased are purely accidental in nature which is caused with the collapse of the boundary of the Varandah. It is further argued that custodial interrogation is no longer required as the charge sheet has been submitted and the trial is likely to take sufÏciently long and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 1.8.2022. Parity is also sought in the matter of grant of bail with Prashant, who has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 49336 of 2022 on 21.11.2022. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Legal Reasoning
Having considered the respective submissions advanced as also considering the fact that co-accused Prashant has already been enlarged on bail by this Court and custodial interrogation is no longer required as the charge sheet has been submitted and the trial is likely to take sufÏciently long, without further commenting upon the merits of the case, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial. Let the applicant - Mohit @ Munnu @ Vishal Sharma involved in aforesaid case crime be released on bail on his 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 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 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. (iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229- A of the Indian Penal Code. (v) 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. 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. (vi) The applicant shall remain present, in person, before the trial court on the 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 sufÏcient 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. 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 and send the applicant to prison. Accordingly, the present bail application is allowed. Order Date :- 5.12.2022 Ranjeet Sahu Digitally signed by RANJEET SAHU Date: 2022.12.06 10:47:04 IST Reason: Location: High Court of Judicature at Allahabad