Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Satish Kumar Singh, 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 Keshav Paswan, seeking enlargement on bail during trial in connection with Case Crime No. 220 of 2020, under Sections 147, 148, 323, 504, 506, 302 I.P.C., registered at P.S. Khutahan, District- Jaunpur.
Learned counsel for the applicant argued that this is a cross case and from the side of the applicant one person namely Ramkhelawan has received injury and died and four other persons namely Jiyalal, Dharmendra, Indu and Keshav have received injury. In the present case from the side of the prosecution two persons namely Ramchandar and Baijnath have received injuries and died and five other persons namely Arjun, Rajesh, Indresh, Vindesh and Ghana have received injuries.
It is argued that co-accused Jiyalal has been granted bail by this Court vide order dated 4.1.2021 passed in Criminal Misc. Bail Application No. 48287 of 2020 (Jiyalal Vs. State of U.P.). It is also pointed out that other co-accused persons namely Jagarnath Paswan and Rakesh Paswan, Indu, Ram Ashish Paswan have been granted bail by co-ordinate Benches of this Court vide orders dated 13.1.2021,18.1.2021 and 29.1.2021 passed in Criminal Misc. Bail Application No. 49864 of 2020 (Jagarnath Paswan and another Vs. State of U.P.), Criminal Misc. Bail Application No. 49038 of 2020 (Indu Vs. State of U.P.) and Criminal Misc. Bail Application No. 3204 of 2021 (Ram Ashish Paswan Vs. State of U.P.). Copies of the said orders have been produced before the Court which are taken on record. It is argued that the role of the applicant is identical to that of the co-accused who have been released on bail.
It is argued that the cross report has been registered as Case Crime No. 0221 of 2020, under Sections 147, 148, 323, 504, 506, 302 I.P.C., P.S.- Khutahan, District Jaunpur on 23.8.2020 at 17.40 hours, copy of which is annexed as annexure no. 11 to the affidavit and the F.I.R. of the present case was registered as Case Crime No. 220 of 2020, under Sections 147, 148, 323, 504, 506, 302 I.P.C. on 23.8.2020 at 17.40 hours at the same police station. It is argued that the dispute between the parties is going on with regard to a landed property in which the matter even came up before this Court and a Contempt Application (Civil) No.2223 of 2020 (Ramchandar Vs. Mr. Ashok Kumar, Superintendent of Police and another) was filed and an order dated 29.7.2020 was passed in the same, copy of which is annexed as annexure no. 10 to the affidavit. It is then argued that one of the co-accused Vindesh in the cross case being Case Crime No. 221 of 2020, has been granted bail by a co-ordinate Bench of this Court vide order dated 20.11.2020 passed in Criminal Misc. Bail Application No. 39570 of 2020. It is argued that general role has been assigned to the applicant and nine other co-accused persons of participating in the occurrence with lathi, danda and rod. There is no specification of roles of either of the accused persons. The applicant has no other criminal antecedents as stated in para-23 of the affidavit and is in jail since 25.8.2020.
Per contra, learned AGA and learned counsel for the first informant have opposed the prayer for bail but could not dispute the arguments as stated above but argued that the side of the applicant were aggressors in the matter.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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 and also taking into consideration the law laid down by the Apex Court in the case of Lakshmi Singh and others etc. Vs. State of Bihar, AIR 1976 Supreme Court 2263, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Keshav Paswan, 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 :- 2.2.2021 Naresh