Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24689 of 2021 Applicant :- Badan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Bahadur,Anil Kumar Srivastava (Senior Adv.),Prem Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Manoj Srivastava, Advocate holding brief of Sri Prem Narayan Singh, learned counsel for the applicant and Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Badan Singh, seeking enlargement on bail during trial in connection with Case Crime No. 04 of 2021, under Sections 147, 148, 149, 302, 120-B I.P.C. I.P.C., registered at Police Station Basauni, District Agra.
Learned counsel for the applicant argued that although in the first information report, the applicant along with 7 other co- accused persons has been named and has been stated to have joined hands with the other accused persons in pulling Bheekam Singh and Jitendra from the house but the role of firing upon the two deceased has been assigned to Gyan Singh and his sons namely Raj Kumar, Lavkush and Ravi. It is argued that even, as per the postmortem report, both the deceaseds have received single gun shot wounds which was the cause of death. It is argued that the role of the applicant is distinguishable with that of Gyan Singh and his three sons namely Raj Kumar, Lavkush and Ravi in so far as part of firing is concerned. It is argued that even in the statement of the first informant under Section 161 Cr.P.C., he has reiterated the same version as in the first information report.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit and he is in jail since 30.01.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant along with seven other co-accused persons have been assigned the role of dragging both the deceaseds from inside the house to outside and later on, co-accused Gyan Singh and his three sons have been assigned the role of firing upon them.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the role of firing has been assigned to Gyan Singh and his three sons namely Raj Kumar, Lavkush and Ravi.
The role of the applicant is distinguishable with that of Gyan Singh and his sons namely Raj Kumar, Lavkush and Ravi.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial 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.
Let the applicant- Badan Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members) 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.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 29.7.2021 AS Rathore (Samit Gopal,J.)