Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43673 of 2021 Applicant :- Abhinandan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 61 of 2021, Sections 147, 148, 149, 323, 325, 308, 304, 504, 506 IPC, Police Station Hanumanganj, District - Kushinagar the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged against eight named accused persons on 25.05.2021 including present applicant Abhinandan. It was mentioned in the report by the complainant Smt. Sunita Devi that the sons of accused Bunela were levelling the soil on their field. They were putting and spreading the soil in excess to their land and this way the land of the complainant, which is adjacent to their field, was being encroached upon. The complainant's real brother-in-law (dewar) namely Chandan Vishwakarma came and objected to it. The accused persons attacked the complainant side with lathi-danda and pharsa and in the assault Sugreev, Chandan, Nishu sustained severe injuries on their heads. Chandan and Paras got unconscious. All the injured were sent for treatment in ambulance. On 27.05.221 during treatment injured Parash Vishwakarma died and thereafter the case was converted into Section 304 IPC.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is submitted that the alleged incident had taken place at the spur of moment and there was no premeditation or preplanned intention to beat or kill the complainant side. It is also argued that the deceased had received only two fatal injuries and the allegation of assaulting the deceased is levelled against eight accused persons, it is not clear as to who was the author of causing the fatal injuries to the deceased. It is also argued that seven persons of the accused side have also sustained injuries and their injuries are annexed at page No. 57 onward of the paper book of this bail application. Lastly, it is argued that the applicant is in jail since 26.5.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that there is no specific allegation against the applicant to assault on the deceased, considering that both sides have sustained injuries in the alleged incident and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Abhinandan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 sufficient 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 LBY