High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59463 of 2022 Applicant :- Ram Babu Kewat Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Nishad Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Rajesh Kumar Nishad, learned counsel for the applicant, Sri Vinod Kumar Rai, learned A.G.A. for the State and perused the entire record. Supplementary afÏdavit filed by the learned counsel for the applicant is taken on record. The instant application for bail has been moved on behalf of the applicant, Ram Babu Kewat with the prayer to enlarge him on bail in F.I.R./ Case Crime No.427 of 2022, under Section 302/34 I.P.C., Police Station Kotwali Nagar, District Banda, during pendency of the trial. Learned counsel for the applicant has submitted
Legal Reasoning
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. His further submission is that though during investigation, no credible evidence regarding complicity of the present applicant could not be collected, a charge sheet came to be laid mechanically against the present applicant also. It is submitted by the learned counsel for the applicant that initially a first information report itself was lodged by the co-accused, Ram Prakash at about 02:05 PM on the same day as first informant. Learned counsel for the applicant has further submitted that the only evidence against the applicant is the extra judicial confession of the present applicant and the statements of two other persons, namely, Narayan Nishad and Subedar Nishad. The said evidence is not admissible in law. His further submission is that neither there is any evidence against the applicant nor any recovery has been made from his possession or at his pointing out. The police has just implicated the applicant only to show good work. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 05.06.2022 against whom there is an old and stale matter registered as Case Crime No.68 of 2011, under Sections 379 and 427 I.P.C., Police Station Jaspura, District Banda wherein the accused/ applicant has already been granted bail.
Legal Reasoning
Learned counsel for the applicant has vehemently submitted that similarly placed co-accused, Ram Prakash Nishad has already been granted bail by a coordinate Bench of this Court vide its order dated 16.09.2022 passed in Criminal Misc. Bail Application No.40119 of 2022 (Ram Prakash Nishad vs. State of U.P.). 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 there is evidence against the present applicant in the form of extra judicial confession made by the applicant himself and the statements of two other persons, namely, Narayan Nishad and Subedar Nishad. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant including the fact that similarly placed co-accused, Ram Prakash Nishad has already been granted bail by a coordinate Bench of this Court vide its order dated 16.09.2022 passed in Criminal Misc. Bail Application No.40119 of 2022 (Ram Prakash Nishad vs. State of U.P.). 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 one Hazrat by the first informant/ co-accused, Ram Prakash wherein it was specifically mentioned that on the date of incident, the first informant had seen Hazrat causing death of the deceased, Asha, who is the wife of the first informant. However, it appears that subsequently, on the basis of extra judicial confession allegedly made by the present applicant and the statement of two other persons, namely, Narayan Nishad and Subedar Nishad, the present applicant came to be involved in this case. No incriminating article or alleged weapon of assault is said to have been recovered either from the possession of the present applicant or no recovery memo in respect of alleged recovery is available on record. Admittedly, the co-accused, Ram Prakash Nishad, who had initially lodged the first informant report against the accused, Hazrat and subsequently, he was implicated in this case as an accused, has already been granted bail by a coordinate Bench of this Court vide its order dated 16.09.2022 passed in Criminal Misc. Bail Application No.40119 of 2022 (Ram Prakash Nishad vs. State of U.P.). The accused/applicant is languishing in jail since 05.06.2022 against whom there is an old and stale matter registered as Case Crime No.68 of 2011, under Sections 379 and 427 I.P.C., Police Station Jaspura, District Banda wherein the accused/ applicant has already been granted bail. 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, Ram Babu Kewat 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 :- 6.1.2023 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad