Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26948 of 2021 Applicant :- Harpal Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh,Devashish Mitra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ashutosh, learned counsel for the applicant, Sri Devashish Mitra, learned counsel for the first informant and 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- Harpal seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2021, under Sections 302, 323, 504 & 506/34 I.P.C., registered at Police Station Deveraniya, District Bareilly.
Learned counsel for the applicant has argued that the applicant has been assigned the role of catching hold of the deceased and then along with two other co-accused namely Rajesh and Harpal to throwing him down on the ground after which the co- accused Narendra is stated to have assaulted him with a thick danda at his head. Further Narendra is stated to have chewed the left thumb of Prem Pal who is an injured. It is argued that as such the role of the applicant is distinguishable with that of the co-accused Narendra who has been assigned the specific role of assaulting the deceased with a lathi on his head and chewing the thumb of Prem Pal. It is further argued that although in the post mortem report, the doctor has opined the cause of death as hemorrhagic shock due to ante mortem injuries but the fatal injury was the abraded contusion on the left side of lower chest which had fracture of 5th, 6th and 7th ribs under which the left lung and the spleen were lacerated. It is further argued that there is no explanation whatsoever regarding the said injury and the author of the said injury.
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 is argued that co-accused Man Singh has been granted bail by this Court vide order dated 20.7.2021 passed in Criminal Misc. Bail Application No. 26218 of 2021, copy of which has been placed before the Court, which is taken on record. It has also been pointed out that the applicant is not having any criminal history as stated in para 31 of the affidavit and he is in jail since 30.03.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Per contra learned counsel for the State and learned counsel for the first informant opposed the prayer for bail and argued that the applicant is named in the F.I.R. and has been assigned the role of catching hold the deceased and then throwing the deceased on the ground along with two other co-accused and as such his implication is there in the case. It is argued that that the prayer for the bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the role assigned to the applicant is that of catching hold of the deceased and throwing him on the ground. The injury no. 1 has fracture of the ribs and below it there are laceration to the internal organs and the author of the said injury is not known. Co-accused Man Singh has been granted bail by this Court.
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- Harpal 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.
(Samit Gopal, J.) Order Date :- 29.7.2021 nd