High Court
Case Details
Neutral Citation No. - 2023:AHC:235507 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51980 of 2023 Applicant :- Ballu @ Bablu @ Kalua @ Rajkumar @ Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Balbir Yadav,Pooja Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Legal Reasoning
Heard learned counsel for the applicant and learned A.G.A. for the State. Co-accused, Rahul, has been granted bail in Crl. Misc. Bail Application No.44845 of 2023 vide order dated 26.10.2023 by the following order- Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant,Rahul, with a prayer to release him on bail in Case Crime No. 316 of 2023, under Sections 302 and 201 of IPC, Police Station- Sikandrarau, District- Hathras, during pendency of trial. There is allegation against the applicant and co-accused of causing murder of one person. Learned counsel for the applicant has submitted that it was a case of road accident. The dead body of deceased was found on highway. He has submitted that deceased suffered injuries due to road accident as a result of which he died. FIR has been lodged on 03.06.2023 with regard to incident dated 17.05.2023. Learned counsel for applicant has submitted that dead body of deceased was recovered on 01.06.2023 and thereafter FIR was lodged after two days after due deliberation for implicating the applicant and co-accused in this case. He has submitted that evidence of last seen was collected against the applicant and motive of crime was assigned regarding murder of one, Kushma Devi, by the deceased and others. The applicant is nephew of the deceased aforesaid and hence he has been implicated in this case. He has further submitted that it is a case of road accident. The applicant has criminal history of one case to his credit and is languishing in jail since 03.06.2023. The trial in the aforesaid case is not likely to be concluded in near future. 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code. (v) 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 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Learned counsel for the applicant submits that applicant is not related to co- accused, Rahul, against whom some motive cannot be assigned. Applicant was implicated in this case on being friend of co-accused, Rahul. He has criminal history of ten cases explained in para 32 of the affidavit of bail application. He has been acquitted in three cases and other cases appeared to be minor nature. Applicant is in jail since 04.06.2023. Learned AGA has opposed the prayer for bail but could not dispute the above submissions. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Ballu @ Bablu @ Kalua @ Rajkumar @ Sanju, involved in Case Crime No.316 of 2023, under Sections 302, 201 I.P.C, Police Station Sikandrarau, District- Hathras be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code. (v) 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 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. (vi) Applicant will report his presence before police station Madrak, District Aligarh concerned in first week of every month after he is released on bail and till the conclusion of trial. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 12.12.2023 SS Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad