High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59448 of 2022 Applicant :- Guddu Pasi @ Sarwan Opposite Party :- State of U.P. Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Mani Shanker Pandey learned counsel for the applicant, Sri learned A.G.A. for the State and perused the entire record. The instant application for bail has been moved on behalf of the applicant, Guddu Pasi @ Sarwan with the prayer to enlarge him on bail in F.I.R./Case Crime No.59 of 2022, under Sections 147, 302, 506, 120B I.P.C., Police Station Nawabganj, District Prayagraj, during pendency of the trial. Learned counsel for the applicant has submitted that the accused/applicant is innocent who has been falsely implicated in this case. It is next
Legal Reasoning
submitted that initially a first information report came to be lodged against six named accused persons. The present applicant was not named in the first information report. The name of the present applicant came to fore in the statements of some prosecution witnesses and also in the statement of co-accused, Anshu Patel. His further submission is that the first information report was lodged on the basis of false and fabricated fact. He has also submitted that as the prosecution story was not correct, therefore, upon conclusion of investigation, charge-sheet came to be submitted against only one named co-accused, Kamlesh and two other accused persons including the present applicant who were not named in the first information report. He has further submitted that the alleged recovery of a brick has been shown on the joint pointing out of the present applicant as well as co-accused, Anshu Patel @ Ballu. The prosecution case mainly rests on circumstantial evidence. There is no eye- witness of the alleged incident. He has also submitted that according to postmortem report there were six different injuries reported on the person of deceased including five lacerated wounds and one contused swelling on the skull of the deceased. The cause of death is reported to be ante-mortem head injury. Five named accused persons, who are stated to have been seen by the witnesses inflicting injuries on the person of the deceased on the date of the alleged incident, have not been charge-sheeted by the Investigating OfÏcer, which belies the prosecution story.
Legal Reasoning
Learned counsel for the applicant has vehemently submitted that similarly placed co-accused Anshu Patel @ Ballu, has already been granted bail by the coordinate Bench of this Court vide its order dated 18.10.2022, passed in Criminal Misc. Bail Application No.37072 of 2022. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 08.02.2022, 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 has vehemently opposed the prayer for grant of bail by submitting that though the present applicant was not named in first information report, however, upon conclusion of investigation, charge-sheet came to be submitted against the present applicant after collecting cogent and credible evidence. Therefore, the present applicant is not entitled to be enlarged on bail. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant including the fact that other co- accused Anshu Patel @ Ballu, at whose pointing out an alleged recovery of brick is stated to have been made, has already been granted bail by the coordinate Bench of this Court vide its order dated 18.10.2022, passed in Criminal Misc. Bail Application No.37072 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 the first information report came to be lodged against six named accused persons. The present applicant was not named in the first information report. The name of the present applicant came to fore in the statements of some prosecution witnesses and also in the statement of co-accused, Anshu Patel @ Ballu, who has already been granted bail by the coordinate Bench of this Court vide its order dated 18.10.2022, passed in Criminal Misc. Bail Application No.37072 of 2022. Upon conclusion of investigation, charge-sheet came to be submitted against only one named co-accused, Kamlesh and two other accused persons including the present applicant. It also transpires that the alleged recovery of a brick has been shown on the joint pointing out of the present applicant as well as co-accused, Anshu Patel @ Ballu, who has already been granted bail as aforesaid. The prosecution case mainly rests on circumstantial evidence. There is no eye-witness of the alleged incident. According to postmortem report there were six different injuries reported on the person of deceased including five lacerated wounds and one contused swelling on the skull of the deceased, however, there is nothing on record to suggest that the applicant is author of the fatal injury. The cause of death of the deceased is reported to be ante-mortem head injury. Five named accused persons, who are stated to have been seen by the prosecution witnesses inflicting injuries on the person of the deceased on the date of the alleged incident, have not been charge- sheeted by the Investigating OfÏcer. The applicant is languishing in jail since 08.02.2022, who has no previous criminal history. 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, Guddu Pasi @ Sarwan 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. Order Date :- 20.1.2023 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad