Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19595 of 2021 Applicant :- Ilu @ Ashish Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Mayank Kumar Gupta, learned counsel for the applicant and Sri V. B. Upadhyay 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 applicant- Ilu @ Ashish, seeking enlargement on bail during trial in connection with Case Crime No. 1031 of 2020, under Section 304 I.P.C., registered at Police Station Naubasta, District Kanpur Nagar.
Learned counsel for the applicant argued that initially, first information report was registered under Section 308 I.P.C. on 15.11.2020 for an incident which took place on 14.11.2020 but subsequently, after the death of the deceased on 06.12.2020, the present case was converted under Section 304 I.P.C. It is argued that as per the prosecution case itself, it is clear that the deceased and the accused persons being three named accused persons including the applicant and one unknown person were sitting on roof, were consuming liquor and after having liquor, some dispute arose between them and the three named accused persons including the applicant then threw the deceased from the roof who fell down and received serious injuries. Although the first informant is not an eye- witness to the same but he has lodged a first information report on being informed about the said incident. It is argued that subsequently, after two months of the incident, land-lady namely Smt. Shashi was interrogated by the police who also reiterated the same story and the fact is apparent that all the accused persons and the deceased were sitting together and were consuming liquor and food, wherein, some dispute arose as a result of which, they threw the deceased from the third floor who fell down and received injury. It is argued that the present case, is actually a case of accident in which the deceased in an intoxicated condition fell from the roof and received injury. It is argued that factum of the deceased consuming liquor and being in an intoxicated condition, is the admitted fact of the prosecution case. It is further argued that the police has submitted charge-sheet in the matter and the investigation has concluded. It is argued that the common and general role to the three named accused persons including the applicant and one unknown person has been assigned without any specification.
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 has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit and he is in jail since 18.01.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the first information report and in the statement of the owner of the house who has stated that the applicant along with other co-accused persons had thrown the deceased from the third floor as a result of which, he fell down, has received injury and died. It is argued that the prayer for bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the case of the prosecution is that the accused persons and the deceased had taken their food, had consumed liquor and in an intoxicated condition, some dispute arose between them. The chances of the accused falling down as an accident cannot be ruled out.
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- Ilu @ Ashish, 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 :- 27.7.2021 AS Rathore (Samit Gopal,J.)