High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56413 of 2022 Applicant :- Kallu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A.,Ashutosh Upadhyay Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Farid Ahmad, learned counsel for the applicant, learned A.G.A. for the State, Sri Rajesh Mishra, holding brief of Sri Ashutosh Upadhyay, learned counsel for the informant/complainant and perused the entire record. The instant application for bail has been moved on behalf of the applicant, Kallu Khan with the prayer to enlarge him on bail in F.I.R./ Case Crime No.231 of 2022, under Sections 147, 148, 304 I.P.C., Police Station-Dhanari, District-Sambhal, during pendency of the trial.
Legal Reasoning
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/ applicant is innocent who has been falsely implicated in this case. He has also submitted that initially a first information report came to be lodged against four named including the present applicant and 4-5 unknown persons. However, the charge-sheet came to be submitted against three named accused persons including the present applicant only. He has further submitted that according to first information report the accused-applicant along with co-accused persons assaulted the deceased, Dharmpal by iron rod, lathi, danda and also by kicks and fists. There are general allegation of assault against all the accused persons including the present applicant. He has also submitted that the cause of death, according to postmortem report, is reported to be hemorrhage and shock due to rupture of spleen. He has further submitted that any specific role of hitting on the spleen of the deceased, Dharmpal or any specific weapon of assault has not been assigned to the present applicant. He has also submitted that the witness, Arvind Kumar, who is stated to have seen the incident, has not assigned any specific weapon of assault to the present applicant. He has further submitted that there is nothing on record at this stage to demonstrate that the present applicant is author of the fatal injury. Learned counsel for the applicant has concluded his submission by submitting that identically placed co- accused Jareef has already been granted bail by the coordinate Bench of this Court vide its order dated 27.01.2023 passed in Criminal Misc. Bail Application No.57459 of 2022. Learned counsel for the applicant has also submitted that the accused/ applicant is languishing in jail since 21.10.2022 who has no previous criminal history. His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State and learned counsel for the informant/complainant have vehemently opposed the prayer for grant of bail. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant.including the fact that co-accused has already granted bail including the fact that identically placed co-accused Jareef has already been granted bail by the coordinate Bench of this Court vide its order dated 27.01.2023 passed in Criminal Misc. Bail Application No.57459 of 2022. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that initially a first information report came to be lodged against four named and 4- 5 unknown persons. However, the charge-sheet came to be submitted against three named accused persons including the present applicant only. According to first information report the accused- applicant along with co-accused persons assaulted the deceased, Dharmpal by iron rod, lathi, danda and also by kicks and fists. There are general allegation of assault against all the accused persons including the present applicant. The cause of death, according to postmortem report, is reported to be hemorrhage and shock due to rupture of spleen. Any specific role of hitting on the spleen of the deceased, Dharmpal or any specific weapon of assault has not been assigned to the present applicant and the witness Arvind Kumar who is stated to have seen the incident has not assigned any specific weapon of assault to the present applicant. There is nothing on record at this stage to demonstrate that the present applicant is author of the fatal injury. The identically placed co- accused Jareef has already been granted bail by the coordinate Bench of this Court vide its order dated 27.01.2023 passed in Criminal Misc. Bail Application No.57459 of 2022. Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicant- Kallu Khan be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police ofÏcer; 5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. 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, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail. (Ajai Kumar Srivastava-I, J.) Order Date :- 23.2.2023 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad