Rejoinder affidavit filed is taken on record.
Heard Sri Satyvrat Tripathi, learned counsel for the applicant and Sri Ashwini Prakash Tripathi, learned A.G.A. 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- Raj Karan @ Manjha Kol, seeking enlargement on bail during trial in connection with Case Crime No. 133 of 2019, under Sections 304, 342, 504, 120-B I.P.C., registered at Police Station Manikpur, District Chitrakoot.
Learned counsel for the applicant argued that as per the prosecution case itself, the deceased was misidentified as a thief and was brought to the village by co-accused Kallu, Harishankar and Pandit Kol @ Somnath Kol and later on, he was assaulted by the applicant, co-accused Diwaker @ Lavlesh and Mallah @ Sudarshan after which the police of dial 100 was called and he was handed over to them who took him to the hospital from where he was referred to a higher center where he died. It is argued that the applicant has no motive at all to commit the aforesaid offence. It is further argued that the own prosecution case as it stands is that the deceased was considered as a thief. It is argued that the present case is a cause under Section 304 I.P.C. It is argued that the applicant is stated to have two cases against him, one being under Section 364, 120-B I.P.C. and 12/14 D.A.A. Act, in which he has been granted bail and later on, under the 2/3 Gangster Act in which also he has been granted bail, the same have been disclosed and explained in paragraph 19 to the affidavit.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is in jail since 13.09.2019 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the applicant has no motive and the deceased was identified by other persons as a thief and was brought to the village by two co-accused persons.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial 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- Raj Karan @ Manjha Kol, 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:-
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.
Order Date :- 22.1.2021 AS Rathore (Samit Gopal,J.)