Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32776 of 2021 Applicant :- Chandan Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Saroj,Nitesh Vishwakarma,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Vinod Kumar Upadhyay, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel 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 Chandan, seeking enlargement on bail during trial in connection with Case Crime No. 0327 of 2020, under Sections 147, 148, 149, 323, 304, 325, 504, 506 I.P.C., registered at Police Station Baragaon, District Varanasi.
Learned counsel for the applicant argued that the First Information Report of the present case was registered as Case Crime No. 327 of 2020, under Sections 147, 323 IPC against four named persons including the applicant and one unknown person on 26.07.2020 at about 23:05 hrs. For the same incident, a cross First Information Report was registered as Case Crime No. 328 of 2020, under Sections 147, 323, 504, 506 IPC and Section 3(1)(gha) and Section 3(1)(da) SC/ST Act, registered at Police Station Baragaon, District Varanasi by Manoj Kumar Saroj on 26.07.2020 at 23:17 hrs. In the present case after investigation the police has added Section 304 IPC. It is argued that the present case is a cross case and both sides have received injuries and as a matter of fact there is one person dead on either sides. It is further argued that the present case is a cross case and as of now it is not known who is the aggressor. It is further argued that co-accused Khova Lal has been granted bail by a co-ordinate Bench of this Court vide order dated 30.06.2021 passed in Crl. Misc. Bail Application No. 14175 of 2021 (Khova Lal Vs. State of U.P.), copy of the order is annexed as annexure 10 of the affidavit. He claims parity. He further argued that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 21.01.2021.
Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised on behalf of the applicant.
After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a cross case in which FIRs have been registered by both the sides and there is one person who has died on either sides. Co-accused Khova Lal has been granted bail by a co-ordinate Bench of this Court.
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 Chandan, 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 :- 24.9.2021 M. ARIF (Samit Gopal, J.)