High Court
Case Details
Neutral Citation No. - 2023:AHC:214693 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47739 of 2023 Applicant :- Girish Chandra @ Girish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
Legal Reasoning
1. Heard Shri Rajneesh Tripathi, the learned counsel for the applicant, learned A.G.A. for the State as well as Shri Arvind Kumar, the learned counsel for the informant and perused the record. 2. Learned counsel for the applicant submits that as per the version of the F.I.R. the applicant and other persons, who are named in the F.I.R. called and took the son of the complainant in the morning, when he did not return the complainant reached at the house of applicant and asked about her son then he replied he will come back in evening and about 4:00 p.m. son of applicant came to her house and informed her that his son is hanged on electric wire, thus, the complainant suspects that all the accused persons named in the F.I.R. committed murder of her son and hanged him on electric wire. Learned counsel for the applicant further submits that on the same date of incident father of the deceased has also given an information to the police that his son has died due to current as he was connecting the wire from 1100 volt, which is a part of general diary dated 01.02.2023. Learned counsel for the applicant further submits that in the postmortem examination cause of death of the deceased was found to be nerogenic shock due to ante mortem electric burn. Learned counsel for the applicant further submits that the Investigating Officer recorded the statements of complainant and her daughter under Section 161 Cr.P.C. in which they have repeated the same version of the F.I.R. Learned counsel for the applicant further submits that Junior Engineer of the Electricity Department in his statement recorded under Section 161 Cr.P.C. has stated that deceased died due to electric current during maintenance of line. Learned counsel for the applicant further submits that the Investigating Officer also recorded statements of other witnesses who stated that deceased died during connecting illegal connection from the running line of 11000 volt. Learned counsel for the applicant further submits that the deceased was found hanging on the overhead line of 11000 volt which was about 50 fit above from the ground and it is impossible that he could be hanged. Learned counsel for the applicant further submits that the complainant and her daughter are not the eye witness of the incident, other independent witnesses have not assigned any role to the applicant, thus, applicant has falsely been implicated in the case with malafide intention. 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 10.08.2023, having no criminal history. 3. 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. 4. 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. 5. Let applicant-Girish Chandra @ Girish Singh, involved in Case Crime No. 175 of 2023, under Section 304 I.P.C., Police Station Bichhwa, District Mainpuri, 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. 6. 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. 7. The bail application is allowed. Order Date :- 8.11.2023 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad