Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15459 of 2021 Applicant :- Krishna Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Srivastava,Mahendra Pratap Counsel for Opposite Party :- G.A.,Aalok Kumar Srivastava,Hanuman Prasad Dube,Vipul Dube
Hon'ble Samit Gopal,J.
Heard Sri Mahendra Pratap, learned counsel for the applicant, Sri Aalok Kumar Srivastava and Sri Vipul Dube, learned counsels for the first informant and Sri Ankit Srivastava, 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-Krishna, seeking enlargement on bail during trial in connection with Case Crime No.150 of 2020, under Section 302, 323, 34 IPC, registered at Police Station Ecotech-I, District Gautam Budh Nagar.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR which has been registered on 23.09.2020 by the first informant Ram Niwas. Subsequently on 4.10.2020 Sunil and Anoop Nagar were interrogated who for the first time disclosed the name of the applicant stating therein that the car in question belongs to the applicant. It is argued that the present case is a case of circumstantial evidence and there is no eye-witness to the murder of the deceased. The implication of the applicant is on the basis of suspicion only. It is further argued that the absence of eye-witness account or any other credible evidence showing the involvement of the applicant in the present case is there and the links in the chain are missing. It is further argued that co-accused Shahid and Annu @ Anuj have been granted bail by coordinate Benches of this Court vide order dated 19.2.2021, 1.6.2021 passed in Criminal Misc. Bail Application Nos.6335 of 2021 and 12771 of 2021, copy of the bail order of co-accused Shahid is annexed as Annexure No. 14 to the affidavit filed in support of bail application and copy of the bail order of co-accused Annu @ Anuj has been supplied by learned counsel for the applicant which is taken on record. It is further argued that the applicant is not having any criminal history as stated in para 31 of the affidavit and is in jail since 30.10.2020.
Per contra learned counsels for the first informant and learned brief-holder for the State have vehemently opposed the prayer for bail and argued that the implication of the applicant is on the basis of statement of Sunil Kumar and Anoop Nagar. It is though not disputed that the applicant is not named in the FIR and his name has surfaced for the first time in the statement of said two persons but it is argued that the accused persons named therein are working as a gang and are instrumental in loot and dacoity and in pursuance thereof, the present incident has been committed, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is not named in the FIR. There is no eye-witness to the murder. The involvement of the applicant has surfaced for the first time after 21 days of the incident.
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-Krishna, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member) 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 :- 28.7.2021 Gaurav