By means of this application, the applicant, who is involved in Case Crime No.152/2020, under Sections - 302/120B I.P.C., Police Station - Dostpur, District - Sultanpur, is seeking enlargement on bail during the trial.
As per version in the F.I.R. is that on 23.07.2020 at about 7.00 AM when the son of the complainant was going to ease himself, the four named accused person came there, armed with country made pistol and started abusing and surrounded him with intention to kill him and when he entered in the rice mill to save himself, the accused persons also entered in the rice mill and opened fire upon him, due to which he died on spot.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R. It is further submitted that as per version in the F.I.R. and the statement given by the informant and the owner of the rice mill under Section 161 Cr.P.C., the role of firing assigned to the named accused persons and they have not taken the name of present applicant. It is further submitted that for the first time, name of the present applicant came in light in the statement of Sukhai Ram and Hemchandra Soni, they are claiming themselves as the eye witnesses of the incident, which was recorded on 3.10.2020 after about 17 days from the date of incident/ lodging of the F.I.R. It is further stated that it is a settled law that the statement recorded with delay is fatal to the prosecution case. It is further submitted that even in the statements recorded with a delay of 17 days, it is nowhere stated that the applicant has opened the fire. It is further submitted that in the statements of Sukhai Ram and Hemchandra Soni, the allegation or role assigned to the applicant is that he provided accommodation and helped them to identify the deceased. It is further submitted that except the statement of the alleged eye witnesses given under Section 161 Cr.P.C., there is no other evidence against the applicant. It is further submitted that on the basis of present case one case under the gangster act has been registered against the applicant and that too after the arrest of the applicant and except that there is no criminal case pending against the applicant. The applicant is innocent and is languishing in jail since 22.10.2020.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail and submitted that from the F.I.R. and the statement given by the informant, the offence is made out against the applicant, but unable to dispute the submission raised by learned counsel for the applicant, particularly that the role of firing has never been assigned to the present applicant either in the F.I.R. or in the statements recorded under Section 161 Cr.P.C.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Ayodhya Maurya) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.8.2021 S. Kumar