Heard Sri Vinay Kumar Tripathi, learned Advocate holding brief of Sri Rama Shanker Mishra, learned counsel for the applicant and Sri Ashwini Prakash Tripathi, learned A.G.A. for the State and perused the material on record.
Sri R.B. Singh, learned counsel for the first informant is not present even when the matter is taken up in the revised list.
Learned counsel for the applicant states that he does not intend to file any rejoinder affidavit to the counter affidavit filed on behalf of the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sonu Alias Ram Babu Maurya, seeking enlargement on bail during trial in connection with Case Crime No. 205 of 2018, under Sections 323, 504, 304 I.P.C., registered at Police Station Koraon, District Allahabad.
Learned counsel for the applicant argued that initially, a non-cognizable report was registered on 23.06.2018 by Shyam Lal Maurya who was the injured under Section 323, 504 I.P.C. with the version that he has been assaulted by his wife Smt Shakuntla and his son who is the present applicant with lathi and danda as a result of which he received injuries. It is argued that subsequently, Shyam Lal Maurya died on 23.06.2018 itself and his postmortem examination was conducted on 24.06.2018 in which the doctor found 04 injuries amongst which the injury No. 1 was on the left side back of skull, injury No. 2 was on the mid arm, injury No. 3 was on the left leg and the injury No. 4 was on the right side of face just below right eye. It is argued that fatal injury was the injury No. 1 on the skull under which haematoma was present. It is argued that the doctor has opined the cause of death as coma due to antemortem head injury. It is argued that the author of the said injury is not known as the fatal injury was the injury No. 1 whereas the assault has been stated to have been done by two persons being the applicant and co-accused Smt Shakuntla. It is argued that co-accused Smt. Shakuntala has been granted bail by a co-ordinate Bench of this Court vide order dated 13.12.2018 passed in Criminal Misc. Bail Application No. 47342 of 2018, the copy of the said order is annexed as Annexure- 8 to the affidavit. It is argued that the applicant has no motive to commit the aforesaid offence.
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 is argued that the applicant is in jail since 25.06.2018 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.
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- Sonu Alias Ram Babu Maurya, 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 :- 12.2.2021 AS Rathore (Samit Gopal,J.)