Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26617 of 2021 Applicant :- Pradeep Opposite Party :- State of U.P.
Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- Raj Kumar Tripathi,Raj Kumar Tripathi
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Raj Kumar Tripathi, learned counsel appearing on behalf of informant and perused the record of the case.
By means of this application, applicant-Pradeep, who is involved in Case Crime No. 272 of 2020, under sections 323, 147, 148, 304 IPC, police station Sikrara, district Jaunpur, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, Priyanka Yadav, the informant lodged first information report dated 29.11.2020 in respect of an incident which took place on 12.10.2020 against nine accused persons, namely, Ramakbal, Ramajor, Vinod Kumar, Deepak, Sandeep, Pradeep, Vipin, Israwati Devi and Phoola Devi alleging inter alia that on 12.10.2020 at about 4.15 p.m., aforesaid accused persons were committed maar-peet by lathi, danda and iron rod. Her mother was beaten to death by Israwati and Phoola Devi. The accused Deepak and Pradeep were beaten her mother Vidya Devi on her head by lathi and iron rod, whereby she received injuries and her eye-sight was lost and also her hand was fractured. During treatment, Vidya Devi succumbed to the said injuries in Swaroop Rani Nehru Hospital, Prayagraj on 28.11.2020.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that it is a cross case. First information report from the side of the applicant has been lodged on 12.10.2020 against seven accused persons, namely, Shiv Poojan Yadav, Krishna Yadav, Gauri Shankar Yadav, Vidya Yadav, Anita Yadav, Reena Yadav and Sandeep Yadav for the offence under sections 147, 148, 323, 304, 504 IPC. It is next submitted by the learned counsel for the applicant that in the alleged incident, Phoola Devi, the mother of the applicant, died and four other persons have received injuries. Learned counsel for the applicant also argued that it cannot be ascertained that which party is aggressor in the alleged incident. As per first information report, it is alleged that co-accused Deepak and applicant have caused injuries by lathi and iron rod on the head of the deceased Vidya Devi, but in the post-mortem report, injury No. 1 i.e. contused swelling 6 cm x 4 cm on back of skull is only fatal injury, by which she died, but it is not clear that who is the author of said injury. The first information report dated 29.11.2020 has been lodged after much delay of lodging of FIR dated 12.10.2020 from the side of the applicant and also there is no explanation of injuries received by four injured persons and deceased from the side of the applicant. Learned counsel for the applicant further contended that Shiv Poojan Yadav, Gauri Shankar Yadav, Reena Yadav and Anita Yadav, who are accused in FIR dated 12.10.2020 lodged from the side of the applicant, have already been granted bail by co-ordinate Bench of this Court vide orders dated 25.01.2021, 21.01.2021, 22.01.2021 and 22.01.2021 passed in Criminal Misc. Bail Applicatio Nos. 2051 of 2021, 3044 of 2021, 48682 of 2020 and 48607 of 2020 respectively. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 08.03.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate as well as learned counsel appearing on behalf of informant vehemently opposed the bail prayer of the applicant by contending that in the alleged incident dated 12.10.2020, Vidya Devi, who is the mother of the applicant, died and three other persons have received injuries. It is pointed out that bail application No. 19846 of 2021 moved on behalf of co-accused Deepak Yadav, has been rejected by co-ordinate Bench of this Court vide order dated 19.05.2021.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that it is a cross case and at this stage, it is not ascertained as to which party is aggressor. On account of free fight between the parties, both sides have received injuries and first information reports have been lodged from both the parties. In the incident, from both sides one person had died. In the present case, deceased Vidya Devi died due to head injury and role of causing head injury to the deceased has been assigned to applicant and co-accused Deepak Yadav, but it is no clear that who is the author of said fatal injury. The four accused persons, who are named in the FIR dated 12.10.2020 lodged from the side of the applicant, have already been granted bail as mentioned above, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Pradeep, 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:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Sazia Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.16 18:25:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad