Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31884 of 2021 Applicant :- Bantu @ Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Mritunjay Dwivedi Advocate holding brief of Sri Pramod Kumar Dwivedi, learned counsel for the applicant, Sri Pankaj Mishra, 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- Bantu@Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 47 of 2020, under Sections 304, 34 I.P.C. registered at P.S. Sikandrarau, District Hathras.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the F.I.R. has been registered by Sri Rahishpal the brother of the deceased naming the applicant and his brother Rajesh who are sons of the deceased, as accused only for the reason that they may face the case and be in jail and he may have control over their property. It is argued that the deceased in an intoxicated condition was taken to the hospital for his treatment but since he was in a highly intoxicated state he did not go inside the hospital for his treatment. A memo of Ward boy was sent to the said effect to the police station which has been recorded in G.D. No. 29 which is annexure no. 2 to the affidavit. It is argued that the deceased had received injuries for which he was taken to the emergency of the hospital which he had sustained after he had consumed a lot of liquor and was in a highly intoxicated state. It is argued that there was no eye witness to the incident and the implication of the applicant in the present case is on the basis of suspicion only. The memo of Ward boy makes it specific that the deceased was in an intoxicated condition and was brought to emergency of the hospital. It is argued that the applicant has no motive to commit the aforesaid offence and the implication of the applicant in the present case is false. The applicant is in jail since 08.2.2020.
Per contra, learned State counsel opposed the prayer for bail and argued that the applicant is son of the deceased and has been named in the F.I.R. and there are allegations against him, but could not dispute the G.D. entry regarding memo of hospital.
After having heard learned counsels for the parties and perusing the record, it is evident that the deceased was taken to the hospital in emergency for his treatment. At that time he was in a highly intoxicated condition. Later on he died. There is no reference in the prosecution case of assault by the applicant by any weapon.
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.
Let the applicant- Bantu @ Gautam, 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.
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 :- 23.9.2021 Naresh (Samit Gopal,J.)