Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34923 of 2021 Applicant :- Pankaj Kumar @ Jhandu Pasi Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A.,Anay Kumar Srivastava
Hon'ble Rahul Chaturvedi,J.
Case called on in revised. No one appears on behalf of the informant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
By means of this application, the applicant, who is involved in Case Crime No.810 of 2021, under Sections 302, 120-B I.P.C., Police Station Dhoomanganj, District Prayagraj is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant, though the applicant is named in the FIR but the actual role of assault has been attributed to one Suraj. It is mentioned in the FIR that Rishi Singh and Jhandu Pasi (applicant) were fleeing away from the place of incident. It is contended that the injured has sustained one gun shot injury over his person and the role of actual assault was attributed to one Suraj. The case of the applicant is clearly distinguishable from the main assailant Suraj. It is also submitted that co-accused, Rishi Singh, similarly circumstanced, has been enlarged on bail by another coordinate bench of this Court passed in Criminal Misc. Bail Application No. 34233 of 2021. Hence, the applicant is also entitled to the concession of bail on the ground of parity. The applicant is languishing in jail since 13.07.2021.
Learned A.G.A. has opposed the bail plea of the applicant but could not dispute the fact that co-accused, similarly circumstanced, has been admitted to bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties, and the fact that role of assault has been attributed to one Suraj and co-accused, Rishi Singh has been enlarged on bail, I am of the view that the applicant has made out a case for bail.
Let the applicant,Pankaj Kumar @ Jhandu Pasi, who is involved in Case Crime No.810 of 2021, under Sections 302, 120-B I.P.C., Police Station Dhoomanganj, District Prayagraj, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT SHE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER 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 HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of this order shall be self attested by the counsel of the party concerned.
4. The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The observation made by the Court in the present case shall not come into the way during trial.
Order Date :- 29.10.2021 Brijesh Maurya