Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24807 of 2021 Applicant :- Ram Swaroop @ Sadhu Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sanjive Kumar Gupta, learned counsel for the applicant, Sri Pankaj Mishra, 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 Ram Swaroop @ Sadhu, seeking enlargement on bail during trial in connection with Case Crime No. 377 of 2020, under Sections 302/306 I.P.C. registered at P.S. Ujhani, District Budaun.
Learned counsel for the applicant argues that the applicant is not named in the first information report which has been lodged against unknown person by Asha Ram stating therein that his brother Moharpal went to sleep in the night of 14.11.2020 and while he was sleeping someone assaulted him with stone and murdered him. His dead body was lying on the cot of the house. The said first information report was registered on 15.11.2020 at about 9.05 a.m. under Section 302 I.P.C. It is argued that subsequently, the daughter of the applicant also died on the same night after which Section 306 I.P.C. was added in the present case along with Section 302 I.P.C. It is argued that as per the postmortem report of the deceased girl, the copy of which is annexed as annexure-6 to the affidavit, the Doctor has found a ligature mark present on her body and the cause of death has been opined asphyxia due to partial hanging. It is further argued that as per the postmortem report of Moharpal, he has received four injuries on his body and the cause of death has been opined as coma due to ante mortem head injury. Learned counsel further argues that the statement of the first informant was recorded under Section 161 Cr.P.C., the copy of which is annexure-2 in which he has not named the applicant as an accused. Subsequently, an application dated 17.11.2020, a copy of which is annexure-4, was given by the first informant to the police where he has stated that he has come to know in the village that there was some illicit relationship between the deceased Moharpal and the deceased girl who is the daughter of the applicant and as such, the applicant has committed the murder of Moharpal. It is argued that subsequently, Pushpendra, an independent witness was interrogated whose statement is annexure-5, who has stated that there is murmuring in the village that there was some relationship between the deceased Moharpal and the deceased girl and he had seen the applicant coming down from the roof of Ram Sahai and after seeing him he had run away and also the applicant after the postmortem of his daughter took the dead body directly to the cremation ghat and did not bring it to the house in spite of the fact that the relatives and villagers were waiting at the house on the basis of which the applicant has been implicated in the present case. It is argued that the said evidence is not trustworthy and there is no credible and reliable evidence to implicate the applicant in the present case. It is further argued that the implication of the applicant in the present case is only on the basis some murmuring and discussions in the village without any credible evidence. It is further argued that the applicant has no criminal history as stated in paragraph 17 of the affidavit and is in jail since 17.11.2020.
Per contra, learned AGA opposed the prayer for bail but did not dispute the arguments as raised by the learned counsel for the applicant.
After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is not named in the first information report as his name has surfaced in the matter on the basis of some murmuring and discussions in the village that the deceased daughter of the applicant was having some illicit relationship with the deceased Moharpal.
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 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 - Ram Swaroop @ Sadhu, 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.
(Samit Gopal,J.) Order Date :- 29.7.2021/nd