Haribhan Chhotu v. State of U.P.), copy of the order is annexed as annexure

2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Sri Rajeev Kumar Upadhyay, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Pawan, seeking enlargement on bail during trial in connection with Session Trial No. 2828 of 2023 arising out of Case Crime No. 77 of 2023, under Sections 147, 148, 149, 323, 324, 452, 336, 302 I.P.C., registered at Police Station Iradat Nagar, District Agra.

5. On 08.01.2025 the matter was adjourned on the request of learned counsel for the first informant and it was observed therein that the matter will not be adjourned on the next date.

6. The FIR of the matter was lodged on 07.07.2023 at about 10:16 hours by Rameshwar Prasad against the applicant and eight other persons alleging therein that in the morning on 07.07.2023 Kali Charan Parihar came to him and stated that due to pit of manure, the dampness is setting in his house and told him to get it with soil. Shiv Ram opposed the the same for doing it and the named accused persons then armed with lathi, danda and saria came there and resorted to assault in which Rajveer Singh, Bablu, Rajesh, Kishan Singh and the first informant Rameshwar Prasad received injuries. Rajveer Singh received injuries on his head due to which he became unconscious who was taken to G.R. Hospital and admitted there. The FIR was lodged under Sections 147, 148, 149, 323, 308 IPC.

7. Further, learned counsel for the applicant submits that co- accused Haribhan @ Chhotu has been granted bail by this Court vide order dated 28.10.2023 passed in Crl. Misc. Bail Application No. 41585 of 2023 (Haribhan @ Chhotu Vs. State of U.P.), copy of the order is annexed as annexure 12 of the affidavit. Further co- accused Badam Singh has also been granted bail by a co-ordinate Bench of this Court vide order dated 17.11.2023 passed in Crl. Misc. Bail Application No. 48898 of 2023 (Badam Singh Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. Further it is submitted that Mansingh and Ramkishor were granted interim bail vide order dated 07.11.2023 passed by a co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 47537 of 2023 (Mansingh and another Vs. State of U.P.) which was confirmed vide order dated 13.12.2023 and identically Ramprakash and Rajendra were also granted interim bail vide order dated 29.11.2023 passed in Crl. Misc. Bail Application No. 50900 of 2023 (Ramprakash and another Vs. State of U.P.) which was subsequently confirmed vide order dated 13.12.2023, copy of the orders have been produced before the Court which are taken on record. It is submitted that the case of co-accused who have been granted bail is also identical to that of the applicant and as such parity is claimed. It is further submitted that the applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 28.11.2024.

8. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said co-accused persons have been granted bail.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the present case having a cross version of which a First Information Report has also been lodged on the basis of an application under Section 156(3) Cr.P.C. Both the sides have received injuries in which one person from the prosecution side has died. Co-accused Badam Singh, Mansingh, Ramkishor, Ramprakash and Rajendra have been granted bail.

10. Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Pawan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- 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. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. 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 and send the applicant to prison.

13. The bail application is allowed. Order Date :- 16.1.2025/M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Sri Rajeev Kumar Upadhyay, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Pawan, seeking enlargement on bail during trial in connection with Session Trial No. 2828 of 2023 arising out of Case Crime No. 77 of 2023, under Sections 147, 148, 149, 323, 324, 452, 336, 302 I.P.C., registered at Police Station Iradat Nagar, District Agra.

5. On 08.01.2025 the matter was adjourned on the request of learned counsel for the first informant and it was observed therein that the matter will not be adjourned on the next date.

6. The FIR of the matter was lodged on 07.07.2023 at about 10:16 hours by Rameshwar Prasad against the applicant and eight other persons alleging therein that in the morning on 07.07.2023 Kali Charan Parihar came to him and stated that due to pit of manure, the dampness is setting in his house and told him to get it with soil. Shiv Ram opposed the the same for doing it and the named accused persons then armed with lathi, danda and saria came there and resorted to assault in which Rajveer Singh, Bablu, Rajesh, Kishan Singh and the first informant Rameshwar Prasad received injuries. Rajveer Singh received injuries on his head due to which he became unconscious who was taken to G.R. Hospital and admitted there. The FIR was lodged under Sections 147, 148, 149, 323, 308 IPC.

7. Further, learned counsel for the applicant submits that co- accused Haribhan @ Chhotu has been granted bail by this Court vide order dated 28.10.2023 passed in Crl. Misc. Bail Application No. 41585 of 2023 (Haribhan @ Chhotu Vs. State of U.P.), copy of the order is annexed as annexure 12 of the affidavit. Further co- accused Badam Singh has also been granted bail by a co-ordinate Bench of this Court vide order dated 17.11.2023 passed in Crl. Misc. Bail Application No. 48898 of 2023 (Badam Singh Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record. Further it is submitted that Mansingh and Ramkishor were granted interim bail vide order dated 07.11.2023 passed by a co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 47537 of 2023 (Mansingh and another Vs. State of U.P.) which was confirmed vide order dated 13.12.2023 and identically Ramprakash and Rajendra were also granted interim bail vide order dated 29.11.2023 passed in Crl. Misc. Bail Application No. 50900 of 2023 (Ramprakash and another Vs. State of U.P.) which was subsequently confirmed vide order dated 13.12.2023, copy of the orders have been produced before the Court which are taken on record. It is submitted that the case of co-accused who have been granted bail is also identical to that of the applicant and as such parity is claimed. It is further submitted that the applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 28.11.2024.

8. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said co-accused persons have been granted bail.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the present case having a cross version of which a First Information Report has also been lodged on the basis of an application under Section 156(3) Cr.P.C. Both the sides have received injuries in which one person from the prosecution side has died. Co-accused Badam Singh, Mansingh, Ramkishor, Ramprakash and Rajendra have been granted bail.

10. Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Pawan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- 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. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. 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 and send the applicant to prison.

13. The bail application is allowed. Order Date :- 16.1.2025/M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad