Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49910 of 2020 Applicant :- Brijmohan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Divya Ojha,Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Kumar,J. Exemption application is allowed.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicants- Brijmohan and Sumit Devi, who are involved in Case Crime No. 412 of 2019, under Sections 304 I.P.C., Police Station- Kotwali Kalpi, District- Jalaun.
Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in this case; that although they are named in the FIR but actually none has seen the incident, referringt to the contents of FIR, it is argued that informant has mentioned in the FIR that witness Lallu was present on the spot at the time of occurrence; that when brother of the witness Lallu was interrogated by the Investigating Officer he specifically stated that witness Lallu was residing at Mumbai at the time of incident; that referring to the statement of the informant it was contended that informant himself has changed his version at that stage regarding the presence of the eye witness; that as per post mortem report the deceased has received two injuries one old contusion and second is abrasion; that there is delay in lodging the FIR; that there is no documents regarding admission of the hospital; that nothing incriminating has been recovered possession of the applicants. It is further submitted that co-accused Kamlesh has already been granted bail vide order dated 24.09.2020 by a coordinate Bench of this Court, passed in Criminal Misc. Bail Application No. 22336 of 2020. It has been submitted that the applicants have no criminal history to their credits. It is lastly submitted that the applicant no. 1 is languishing in jail since 25.12.2019 and the applicant no. 2 is languishing in jail since 14.03.2020 and in case they are released on bail they will not misuse the liberty of bail Learned A.G.A has vehemently opposed the prayer.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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 made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that any observation touching the merit of the case, if has come in this order that is only for the purpose of deciding this bail application and learned Court below will not be influenced in any way thereof while deciding the case finally.
Order Date :- 5.1.2021 SK Srivastava Digitally signed by Justice Umesh Kumar Date: 2021.01.07 12:50:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad