Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8466 of 2021 Applicant :- Khooti @ Umesh Chandra And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Krishan Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
Heard Sri Krihan Mohan Mishra, learned counsel for applicants and learned A.G.A. for the State are present through video conferencing and perused the record.
The present bail application has been filed by the applicants for enlarging him on bail in Case Crime No.159 of 2020, under Sections 147, 452, 323, 504, 506, 304 I.P.C., Police Station - Jaswantnagar, District - Etawah.
As per the F.I.R. version, on 29.04.2020, at about 03:30 p.m. all the 13 accused as named in the F.I.R. including the present applicants have entered the house of the informant equipped with lethal arms i.e. iron rod, spade, sticks, stone etc. and badly beaten up the first informant and his family members due to which 9 persons have sustained grievous injuries and the brother of the informant had succumbed to injuries.
It is submitted by learned counsel for the applicants that general role has been assigned against all the 13 accused persons. Role of pelting stone has been attributed to the present applicants as mentioned in the F.I.R. It is stated in paragraph 9 of the affidavit that though the 9 persons have been shown to the injured in the F.I.R. but none of the persons have been medically examined in the matter. There is no medical report on record to prove the injuries of the victims as mentioned in the F.I.R. In paragraph 10 of the affidavit, it is stated that none of the injured victims have been examined by the Investigating Officer in submitting the charge sheet dated 29.07.2020. It is submitted that post-mortem report of the deceased (Abhay Singh) reveals that he had sustained one lethal blow on his head and in the statement under Section 161 Cr.P.C. of Chhote @ Devendra, same has been attributed to one Hari Om. It is further submitted that there is no criminal history of the present applicants except the present one. In the same matter, one of the accused Dhaniram who has been assigned the role of having the iron rod had already been granted bail by this Court vide order dated 19th January, 2021 passed in Criminal Misc. Bail Application No. 37135 of 2020 (Annexure - 6). Applicants are languishing in jail since 04.01.2021. There are no chances of applicants fleeing away from judicial process or tampering with prosecution evidence. They undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, they are enlarged on bail, they will not misuse liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application. He has submitted that innocence of applicants cannot be adjudicated at pre-trial stage, therefore, they do not deserve any indulgence and there is likelihood of their involvement in other case. In case, they are released on bail, they may misuse the liberty of bail.
Upon hearing learned counsel for the parties, perusal of the record and considering the complicity of accused, totality of facts and circumstances of the case as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018)3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on merits of the case at this stage, I find it an appropriate case to release applicants on bail.
The application is allowed. Let applicants, Khooti @ Umesh Chandra and Bhopa @ Dinesh Kumar involved in aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicants will not tamper with the prosecution evidence and shall not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide the orders of Court, shall attend the Court on each and every date and shall not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties shall be verified by Court concerned, and in case of breach of any of above conditions by applicants, the Court concerned shall be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 13.5.2021 Priya