Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21504 of 2021 Applicant :- Victor Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Ashish Kumar Singh, learned counsel for the applicant and Sri Virendra Kumar Maurya, 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- Victor, seeking enlargement on bail during trial in connection with Case Crime No. 430 of 2018, under Sections 302, 147 I.P.C., registered at Police Station Tronika City, District Ghaziabad.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the first information report has been lodged by the neighbour of the applicant. It is argued that son of the deceased is the applicant in the present matter. The allegation against the accused persons is that they have beaten the deceased and on account of the same he has died. The incident is said to have taken place due to some dispute within family and there was no intention to cause murder. It is argued that the case will not come within the purview of Section 302 I.P.C. and at most will be a case under Section 304 I.P.C. It is argued that the co-accused Rohan and Smt. Migrate have been granted bail by different co-ordinate Benches of the Court vide orders dated 08.07.2020 and 06.08.2020 passed in Criminal Misc. Bail Application Nos. 13378 of 2020 and 16727 of 2020, the copy of the said orders is annexed as Annexure-6 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 not having any criminal history as stated in para 23 of the affidavit and he is in jail since 04.06.2018 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 having heard the learned counsel for the parties and perusing the record, it is apparent that the dispute at most will fall within the purview of Section 304 I.P.C. and two co- accused persons namely Rohan and Smt. Migrate have been granted bail by co-ordinate Benches of this Court, the case of the applicant is identical to that of the co-accused persons who have been granted bail.
Looking to 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- Victor, 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 :- 26.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.28 09:27:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad