High Court
Case Details
Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56186 of 2022 Applicant :- Kalicharan Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J.
Legal Reasoning
Heard Mr. Vidit Narayan Mishra, learned counsel for the applicant, Mr. Shravan Kumar Ojha, learned A.G.A. for the State as well as perused the entire material available on record. The present bail application has been filed by the applicant-Kalicharan a prayer to enlarge him on bail in Crime No. 175 of 2021, under Sections 420, 467, 468, 471, 452, 323, 504 and 506 I.P.C., Police Station-Khurja Nagar, District-Bulandshahr, during the pendency of trial. The first information report has been lodged by the informant Sukhvir Singh on 3rd March, 2021 through an application filed under Section 156 (3) Cr.P.C. against the five named accused persons including the applicant alleging therein that the father of the informant on 21st January, 2000 sold a property from the applicant being Arazi No. 119 area 0.4050 for a sum of Rs. 45,000/- through a registered sale-deed. After death of his father the informant has been doing agricultural work and is in possession over the land in dispute since his father's demise. For some or other reasons, the mutation of the said land was not mutated either in the name of his father or the informant and in that a civil case is pending before the Tehsildar, Khurja. Thereafter the applicant took a loan of Rs. 1,50,000/- from the bank on 16th May, 2015 after mortgaging the disputed property although the applicant has no power to keep the land mortgaged. It is further alleged that on 8th October, 2020 at about 04.00 p.m., all the named accused persons including the applicant came at the house of the informant and assaulted him with kicks and fists. They also abused and threatened the informant to kill him in case he takes any action regarding loan taken by the applicant. The learned counsel for the applicant submits that the present first information report lodged by the informant Sukhvir Singh is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. The real fact is that qua the property in dispute, the informant has instituted civil suit no. 224 of 2020 against the applicant which is pending consideration before the Civil Judge (Junior Division), Khurja, District Bulandshahr, meaning thereby that in order to exert pressure upon the applicant not to contest in the said civil proceedings, the informant has engineered the present false case. From the perusal of the first information report as well as from the statement of the informant under Section 161 Cr.P.C., it is apparent that the dispute between the applicant and the informant is civil in nature rather than criminal. It is further argued that no such incident as alleged by the prosecution has taken place as there is no medical examination report of the informant available on record. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 10th October, 2022. Per contra learned A.G.A. and the learned counsel for the complainant have opposed the bail prayer of the applicant but they could not dispute the factual submissions as urged by the learned counsel for the applicant. Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- (i) 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. (ii) 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. (iii) 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. (iv) 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 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. (Shiv Shanker Prasad, J.) Order Date :- 9.12.2022 Sushil/- Digitally signed by SUSHIL KUMAR SINGH Date: 2022.12.13 09:07:53 IST Reason: Location: High Court of Judicature at Allahabad