Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 358 of 2020, under Sections 147, 148, 149, 302 IPC, police station Shasni Gate, district Aligarh, during the pendency of trial.
It is submitted by the learned counsel for the applicant that on 28.10.2020, informant Amar lodged first information report with regard to murder of his brother Shakti against seven named accused persons, namely, Shankar, Veerpal, Banti, Shyam Babu (applicant), Raj Kumar, Bhola and Tipu making alleging inter alia that the motorcycle of his brother (deceased) collided with the motorcycle of accused Shankar on the road, whereupon some quarrel took place between them, but on the intervention of some people, the matter was settled. After some time, as a result of alleged quarrel between them, all the accused persons came to the house of informant and abusing them and on the exhortation of applicant and co-accused Banti, Raj Kumar, Bhola, Tipu, co-accused Shankar and Veerpal fired at his brother Shakti, who fell down at the spot and succumbed to the injuries. It is further argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Main substratum of argument of learned counsel for the applicant is that allegation of causing fatal injury to the deceased has been assigned only to co-accused Shankar and Veerpal, therefore, the case of the applicant is distinguishable and stands on different footing than that of co-accused Shankar and Veerpal. Learned counsel for the applicant has explained the criminal history of two cases shown against the applicant by contending that in all the cases the applicant is on bail, copy of bail order has been filed as annexure No. 2 and 3 to the bail application. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 06.11.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but does not dispute that only role of exhortation has been assigned to the applicant in the first information report.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 Shyam Babu @ Chauwa, 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 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.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 12.2.2021 Sazia