Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44202 of 2021 Applicant :- Durvesh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicants and Sri S.B. Maurya, learned A.G.A. 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 applicants- Durvesh and Surendra, seeking enlargement on bail during trial in connection with Case Crime No. 65 of 2013, under Sections 323, 364 I.P.C., registered at Police Station Saifai, District Etawah.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that although in the first information report 08 accused persons namely, Durvesh & Surendra (the applicants), Sunil, Shivmangal, Sanjeev@ Arjun Singh, Raghav, Anil and Avnish were named as accused but the police exonerated the applicants, Sanjeev and Raghav from the present case and filed charge-sheet against the remaining 04 persons. Subsequently in the trial, the statement of P.W.-1 who is the first informant was recorded after which an application under Section 319 Cr.P.C. was filed in which vide order dated 13.08.2021, the applicants, co-accused Sanjeev @ Arjun Singh and Raghav have been summoned under Sections 323, 364 I.P.C. It is argued that in the investigation, the implication of the applicants and the other two co- accused were found to be false and as such the police had exonerated them. It is argued that co-accused Sunil; Anil, Awnish and Shiv Mangal, have been granted bail by a co-ordinate Bench of this Court vide orders dated 18.11.2013 and 16.12.2013 passed in Criminal Misc. Bail Application Nos. 34636 of 2013 and 31013 of 2013 the copy of the said orders is annexed as Annexures-7 & 8 to the affidavit. Co-accused Sanjeev @ Arjun Singh, has also been granted bail by this Court vide order dated 28.10.2021 passed in Criminal Misc. Bail Application No. 43313 of 2021. The bail application is pressed on the ground of parity also. It has also been pointed out that the applicant is not having any criminal history as stated in para 16 & 17 of the affidavit and he is in jail since 08.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicants have been summoned under Section 319 Cr.P.C. It is argued that the applicants are involved.
After having heard the learned counsel for the parties and perusing the record, it is evident that the applicants were named in the first information report but were exonerated in the investigation. Subsequently they have been summoned under Section 319 Cr.P.C. on the basis of the statement of the first informant, who was examined as P.W.-1. The applicants have no criminal history. Co-accused Sunil, Anil, Awnish and Shiv Mangal have been granted bail. Further co-accused Sanjeev @ Arjun Singh, has also been granted bail by 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 applicants may be enlarged on bail.
Let the applicants- Durvesh and Surendra, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.
(v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them 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 applicants.
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 applicants 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 :- 28.10.2021 AS Rathore (Samit Gopal,J.)