Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28433 of 2021 Applicant :- Kalu @ Krishna Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Samit Gopal,J.
Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the first informant and Sri Pankaj Mishra, 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- Kalu @ Krishna Pal, seeking enlargement on bail during trial in connection with Case Crime No. 696 of 2020, under Sections 147, 148, 452, 323, 324, 504, 506, 307, 302 I.P.C., registered at Police Station Baghpat, District Baghpat.
Learned counsel for the applicant argued that in the first information report, 08 named accused including the applicant and some unknown persons have been arrayed as accused and common and general role has been assigned to all the accused persons of assaulting the deceased and three injured persons with lathi, danda, saria and kharpali. It is argued that there is no specification of the role of the applicant. It is further argued that identically placed co-accused Deepak @ Deepak Malik, Rahul, Ravi Chaudhary and Pappy @ Sovindra, have been granted bail by a co-ordinate Benches of this Court vide orders dated 14.06.2021,23.07.2021, 11.08.2021 and 11.08.2021 passed in Criminal Misc.
Bail Application Nos. 22054 of 2021, 18832 of 2021, 28278 of 2021 and 28498 of 2021, the copy of the said orders have been produced before the Court which are taken on record. The case of the applicant, is identical to the of co-accused who have been granted bail. The applicant is in jail since 27.09.2020.
Per contra, learned A.G.A. and learned counsel for the first informant opposed the prayer for bail and argued that in the present matter, one person has lost his life and there are three injured persons. It is argued that on the pointing out of the applicant, one blood stained kharpali has been recovered. It is argued that the implication of the applicant is true and correct.
After having heard the learned counsel for the parties and perusing the record, it is apparent that identically placed co-accused have been granted bail. There is no specification of the role of the applicant. The common and general role has been assigned to 08 named accused persons including the applicant and some unknown persons.
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- Kalu @ Krishna Pal, 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 :- 12.8.2021 AS Rathore (Samit Gopal,J.)