Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42857 of 2021 Applicant :- Ved Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51162 of 2021 Applicant :- Keshari Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Noor Mohammad, learned counsel for applicant in Criminal Misc. Bail Application No.42857 of 2021 (Ved Prakash Vs. State of U.P.) and Mr. Prem Narayan Singh, learned counsel for applicant in Criminal Misc. Bail application 51162 of 2021 (Keshari Singh Vs. State of U.P.), who has put in appearance on behalf of applicant-Keshari Singh by filing his parcha in Court today, which is taken on record, as well as learned A.G.A. for State.
2. Perused the record.
3. Instant two bail applications have been filed by applicants- Ved Prakash and Keshari Singh, respectively seeking their enlargement on bail in Case Crime No. 107 of 2021 under Sections 147, 148 149, 307, 302, 34 I.P.C., Police Station- Shikohabad, District- Firozabad, during pendency of trial.
4. Criminal Misc. Bail Application No.42857 of 2021 (Ved Prakash Vs. State of U.P.) came up for orders on 13.12.2021 and the Court passed following order:
"1. On the matter being taken up, learned A.G.A. submits that Criminal Misc. Bail Application No.51162 of 2021 (Keshari Singh Vs. State) filed by co-accused is already pending before this Court.
2. In view of above, connect Criminal Misc. Bail Application No.51162 of 2021 (Keshari Singh Vs. State) alongwith present application for bail.
3. Matter shall reappear as fresh on 20.12.2021 alongwith connected matter."
5. Pursuant to above order dated 13.12.2021, aforesaid two applications for bail have been listed today. Since both the bail applications are arising out of same case crime number, therefore, both the applications for bail are heard together and decided by a common order.
6. Record shows that in respect of an incident, which is alleged to have occurred on 16.02.2021, a delayed F.I.R. dated 17.02.2021 was lodged by first informant Anil Kumar (brother of deceased) and was registered as Case Crime No. 0107 of 2021 under Sections 302, 34 I.P.C., Police Station-Shikohabad, District- Firozabad. In the aforesaid F.I.R., five persons namely Keshari Singh, Ved Prakash, Ramautar, Avdesh, Dharmveera were nominated as named accused whereas one unknown person has also been nominated as an accused.
7. In brief, as per the prosecution story as unfolded in the F.I.R. dated 17.02.2021, it is alleged that on 16.02.2021 at around 7.00 PM, Prem Chandra (brother of first informant) and Suraj (son of maternal uncle of first informant) were standing together. Named accused persons came there with common object assaulted them with sharp edged weapon, knife and country made guns. On account of which, Prem Chand and Suraj sustained injuries. The dead body of deceased Prem Chandra is lying in the mortuary.
8. Subsequent to aforesaid F.I.R. injured Suraj was medically examined. Medico Legal Report of injured Suraj is on record as Annexure-3 to the affidavit. According to Medico Legal Report of injured Suraj, he sustained following injuries.
1. L. W. 2cm x 0.5 cm. skin deep midline side of lower side.
2. L. W. 2cm. x 0.5 cm. skin deep back of Rt. shoulder.
9. The post-mortem of the body of deceased Prem Chandra was conducted on 17.02.2021. In the opinion of Autopsy Surgeon cause of death of deceased was shock and haemorrhage due to ante-mortem injuries. The Autopsy Surgeon found following ante-mortem injuries on the body of deceased:
"i.Stab would 3 x 1 cm xorgan deep on Lt. side back of chest, 5cm. lateral to back bone, 10cm. below from interior angle of Lt. Scaupula.
ii. Stand wound 205 X 1cm. x organ deep on Lt. Lateral side of Lt lower abdomen on Lt iliac chest, 13cm. lateral to backbone.
10. Mr. Noor Muhammad, learned counsel for applicant in bail application no.42857 of 2021 submits that applicant-Ved Prakash is innocent. He has been falsely implicated in afore- mentioned case crime number. No conviction of applicant is possible on the allegations made in F.I.R. Applicant is a man of clean antecedents and has no criminal history to his credit. Applicant is in custody since 30.07.2021. No recovery has been made from applicant-Ved Prakash. In case applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co- operate with trial. It is next contended that co accused Dharmveer has already been enlarged on bail by this Court vide order dated 02.12.2021 passed in Criminal Misc. Application No. 37289 of 2021 (Dharmveer Vs. State of U.P.). For ready reference order dated 02.12.2021 is reproduced herein-under:
"Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the 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. 107 of 2021, registered under Sections 147, 148, 149, 307, 302, 34 I.P.C., Police Station Shikohabad, District Frozabad during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention. In FIR, general role has been assigned to all the accused persons. Two co-accused persons, namely, Ram Autar and Awdhesh Kumar have been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.24871 of 2021 vide order dated 01.09.2021. The applicant having same role as of the co-accused and on the same footing the applicant is also entitled for bail. Co-accused Kesari has been assigned the role of assault by knife. There is no specific role assigned to the applicant. The applicant having no previous criminal antecedents. The applicant is languishing in jail since 21.02.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Dharamveer, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored.
The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. "
11. Similarly, co accused Ram Autar has also been enlarged on bail by this Court vide order dated 01.09.2021 passed in Criminal Misc. Application No.34871 of 2021 (Ram Autar Vs. State of U.P.). For ready reference order dated 01.09.2021 is reproduced herein-under:
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The Exemption Application is allowed.
The present bail application has been filed by the applicant in Case Crime No. 107 of 2021 under Sections 147, 148, 149, 307, 302, 34 IPC, Police Station - Shikohabad, District - Firozabad with the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged by the complainant about the death of his brother and it was alleged that Keshari and his family members are on inimical terms with the complainant's family due to land dispute and on 16.02.2021 at about 7:00 P.M. as many as five named accused including the present applicant and one unknown attacked the brother of the complainant and his maternal uncle's son Suraj with sharp-edged weapon and knives. It was further alleged that complainant's brother sustained fatal injuries and he died. The deceased received two stab wounds on his person and other injured Suraj has sustained two incise wounds on his person and injury of the injured was opined to be simple by the doctor.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that general role was assigned to all the accused persons in the FIR and the injured in his statement has specifically said that co-accused Keshari was having knife in his hand and Ved Prakash, Ram Prakash, Ram Autar and other three unknown persons were having lathi and danda in their hands. It is further argued by the learned counsel that the deceased has received two stab wounds which could be attributed to the co-accused Keshari who was said to be having knife in his hand and present accused applicant was said to be having a lathi in his hand and Awadhesh was having a tamancha in his hand while there is no fire-arm injury on the person of the deceased and the injured Suraj which could be attributed to have been caused by lathi-danda. Lastly, it is argued that the applicant is in jail since 21.02.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. Sri Yogendra Mishra appearing on behalf of the complainant also opposes the bail application.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Ram Autar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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."
12. Mr. Noor Mohammad, learned counsel for applicant-Ved Prakash contends that for the facts and reasons mentioned in orders dated 02.12.2021 and 01.09.2021, applicant is also liable to be enlarged on bail. Case of present applicant is similar and identical to that of two other co-accused, who have already been enlarged on bail. Since there is no distinguishing feature on the basis of which, case of present applicant can be distinguished from aforesaid two co-accused, therefore, present applicant is also liable to be enlarged on bail on the ground of parity.
13. Mr. Prem Narayan Singh, learned counsel for applicant- Keshari Singh has adopted the arguments of Mr. Noor Mohammad, learned counsel for applicant-Ved Prakash. He further submits that alleged occurrence has taken place at the spur of moment. No mens-rea can be attached to applicant Keshari Singh in the commission of alleged crime. Applicant- Keshari Singh is in custody since 20.02.2021. As such he has undergone more than 10 months of incarceration. Applicant- Keshari Singh is a man of clean antecedents inasmuch as he has no criminal history to his credit. In case, applicant-Keshari Singh is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with trial.
14. Per contra, the learned A.G.A. has opposed aforesaid bail applications. Learned A.G.A. has invited attention of Court to the post-mortem report of deceased-Prem Chandra and on basis of same, it is submitted that deceased has died on account of ante-mortem injuries sustained by him. Applicant-Keshari Singh was said to be armed with knife. As such, he is author of the injuries leading to the death of deceased. As such.
Applicant-Keshari Singh does not deserve any sympathy of this Court. However, learned A.G.A. could not dispute other submissions urged by Mr. Noor Mohammad, learned counsel for applicant-Ved Prakash.
15. Having heard learned counsel for applicants, learned A.G.A. for State, upon consideration of evidence on record, accusation made as well as complicity of applicant but without expressing any opinion on the merits of the case, applicant-Ved Prakash has made out a case for bail.
16. Accordingly, Criminal Misc. Bail Applicaton No.42857 of 2021 (Ved Prakash Vs. State of U.P.) filed by applicant-Ved Prakash is allowed.
17. Let the applicant-Ved Prakash involved in aforesaid case crime number be released on bail 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) Applicant will not tamper with prosecution evidence.
(ii) 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) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
18. 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 of applicant and send him to prison.
19. So far as Criminal Misc. Bail Application No.51162 of 2021 (Keshari Singh Vs. State of U.P.) filed by applicant-Keshari Singh is concerned, deceased-Prem Chandra had died due to stab wounds, which were inflicted by accused Keshari Singh. No such material has been placed before Court by learned counsel for applicant-Keshari Singh on the basis of which, same could be doubted or disbelieved.
20. In view of above, bail application of applicant-Keshari Singh is rejected.
Order Date :- 20.12.2021 YK