High Court
Case Details
Neutral Citation No. - 2023:AHC:230014 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50965 of 2023 Applicant :- Virendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
Legal Reasoning
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that F.I.R. of the present case was lodged by the informant against the applicant and 3-4 unknown persons under Sections 308, 323, 324, 504, 506 I.P.C. alleging therein that when on the date of incident a marriage function was going and D. J. was making noise in full volume for which complainant and his family members told to slow the volume, then named accused Rahul along with other 3-4 persons came to the house of complainant and started hurling abuse, when he was tried to refrain the same, all the accused persons started assaulting with lathi-danda and sharp edged weapons, in this incident son of complainant received grievous injuries and became unconscious. Learned counsel for the applicant further submits that the complainant and his other son namely, Kallu have recorded their statements before the police in which they supported the version of the F.I.R. Learned counsel for the applicant further submits when the son of the informant (injured) died after three days of the incident, after inquest proceedings, his postmortem was conducted wherein two injuries on his abdomen were found and her cause of death was found to be ante mortem injuries due to shock and septicemia. Learned counsel for the applicant further submits that one eye witness, namely, Mesur @ Mishra in his statement recorded before the police has stated that on the date of incident when he saw that accused persons were standing in verandah of his house where women were present, then he told to his wife whey she has permitted these persons to stand there, then accused persons started assaulting him and on making noise by him the other persons including Ram Bharose came there to save them, then the applicant gave a blow of knife to Ram Bharose. Learned counsel for the applicant further submits that one more eye witness namely, Shyama, who is wife of the aforesaid eye witness, Mesur @ Mishra, has stated the same version. Learned counsel for the applicant further submits that thus, there is a vast contradiction regarding place of occurrence in the F.I.R. as well as in the statement of complainant and of the aforesaid two independent witnesses. Learned counsel for the applicant further submits that there is no recovery of alleged weapon from the possession of applicant or his pointing out and if such recovery is made the same is planted upon him and the applicant has been made accused with false and frivolous allegations. Learned counsel for the applicant further submits that false recovery of two dandas has been shown by the police from the pointing out of both the accused persons including the applicant and there is no eye witness of the alleged recovery. 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 07.08.2023, having no criminal history. 3. Per contra, learned A.G.A. has 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-Virendra Kumar, involved in Case Crime No. 309 of 2023, under Sections 304, 324, 504, 506, 352 I.P.C., Police Station Kannauj, District Kannauj, 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 :- 5.12.2023 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad