Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants inF.I.R. No. 518 of 2020, under Sections 147, 148, 149, 323, 506, 304 IPC, Police Station Maholi, District Sitapur with the prayer to enlarge them on bail.
Learned counsel for the applicants submits that as per the prosecution case, five persons caused injuries to Prem Narayan with lathi. It is further alleged therein that one Maya Devi, who tried to save Prem Narayan, was also assaulted by the accused persons. In the said incident, Maya Devi died. Submission of the learned counsel for the applicants is that though as per the F.I.R., five persons assaulted the deceased with lathi, but in the post mortem report of the body of the deceased, two ante mortem injuries were found, one of which is lacerated wound on the skull and the other is contusion on right eye brow. Learned counsel for the applicants vehemently submits that prosecution story does not support the ante mortem injuries of the deceased as well as the injured, who was also medically examined after 13 days from the date of incident, i.e., on 22.12.2020, in which, only complaint of pain and swelling on the shoulder and wrist joint was found. It is also submitted that the specific role of the accused persons in regard to the incident is not defined in the statements of the witnesses recorded during the course of investigation. It is next submitted that the charge sheet has been filed in the matter and there is no possibility of tampering of any evidence. It is lastly submitted that the applicants, who have no criminal antecedent, are in jail since 20.12.2020 and 11.12.2020 respectively and, thus, the applicants are entitled for bail. It is also submitted that the applicants will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. opposes the prayer for grant of bail to the applicants, but does not dispute the fact that general allegations have been levelled against all the accused persons for causing injuries. He also does not dispute that the only two injuries were found on the body of the deceased, and the complaint of pain was found on the injured, who was medically examined after 13 days from the date of incident.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, I am of the view that the applicants are entitled to be released on bail.
Let applicants -Kali Shankar @ Kaliya and Sonu @ Ramesh Kumar Arkvanshi be released on bail in F.I.R. No. 518 of 2020, under Sections 147, 148, 149, 323, 506, 304 IPC, Police Station Maholi, District Sitapur, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 18.8.2021 VKS