Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24494 of 2021 Applicant :- Navin Kumar Chachaudiya @ Bhaiya Ji Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Rathor,Ashish Pandey Counsel for Opposite Party :- G.A.,Hare Krishna Tripathi
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State are present. The learned counsel appearing on behalf of the complainant is not present even in the revised list.
The present bail application has been filed by the applicant in Case Crime No. 44 of 2021 under Sections 302, 201 IPC, Police Station - Samthar, District - Jhansi with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant on 23.03.2021 about the death of his son Parmal aged about 26 years, who had gone to irrigate the peppermint crop sown by him the fields of Uma and when the dead body of the deceased was found on 20.03.2021, then, the matter was reported to the police and after preparing panchnama the post-mortem of the deceased was conducted.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is argued that the report of this incident was lodged against unknown person and name of the present accused has surfaced for the first time in the statement of the informant's brother on the basis of suspicion. Learned counsel also argues that there is no reliable evidence against the present accused either direct or circumstantial. There is also no electronic evidence against the present accused and nomination of the present accused has been made on the basis of his extra judicial confessional statement in conversation with Waheed Khan and Shafiq Khan and Waheed Khan as well as Shafiq Khan have told during the investigation that the present accused came at their house in night at 9:00 P.M. and told that he killed the deceased on 15.03.2021, which is not reliable in evidence because why they kept mum over the mystery of the murder for so many days and did not disclose it to the family members of the deceased or police. It is also argued that the dead body of the deceased was not having any injury as per the post-mortem report and the alleged recovery of a danda at the instance of the present accused is not reliable as it is a common thing available in the village and does not have any blood stains. Lastly, it is argued that the applicant is in jail since 24.3.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Navin Kumar Chachaudiya @ Bhaiya Ji involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 29.7.2021 LBY