Allahabad High Court
Rampal vs State Of U.P. on 2 August, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29709 of 2019 Applicant :- Rampal Opposite Party :- State Of U.P. Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A.,Anurag Pathak,Harshit Pathak Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed on behalf of the complainant/informant in Court today is taken on record.
Heard Sri S.M. Faraz I. Kazmi, learned counsel for the applicant, Sri Nishant Singh, learned counsel for the State, and Sri Anurag Pathak, learned counsel for the complainant/informant as well as perused the material on record.
The present bail application has been filed by the applicant-Rampal with a prayer to enlarge him on bail inCase Crime No. 373 of 2019, under Section 147, 148, 149, 323, 504, 506 and 307 I.P.C., Police Station-Deoband, District-Saharanpur, during the pendency of the trial.
It is argued by the learned counsel for the applicant that for the alleged incident dated 28th April, 2019, the present first information report has been lodged by Pirthi Singh on 30th April, 2019 against as many as 13 named accused persons including the applicant i.e. after two days from the date of alleged incident for which no plausible explanation has been given which makes the prosecution case doubtful. In the first information report it has been alleged that on 28th April, 2019 at 06:00 a.m. (morning), the informant, his brothers, namely, Netrapal and Nepal, and his son Sethpal and his nephews, namely, Prem, Sanjay, Anit and Ankur collected the culverts of wheat for threshing the same, at that time, intentionally the co-accused Balli left the water of tube-well into the field of the informant due to which the crops of the informant got wet. When the informant objected not to do the same, he was angry and started using filthy language against them and he also threatened them and went to the village. After ten minutes all the accused persons, having lathi, iron rods, country-made pistols and sharp edged weapons came and on the instigation of the co-accused Ilam Singh, other co-accused started abusing and beating them. They also fired upon them, due to which seven persons from the side of the informant sustained serious injuries. It has further been argued by the learned counsel for the applicant that due to petty dispute regarding leaving of water, there was a quarrel between the applicant's side and informant's side in which by chance persons of both sides have sustained injuries. The injuries caused to the injured of the informant's side or the applicant's side are not intentional or deliberate. For the same incident, a prompt first information report has also been lodged from the side of the applicant on the same day against as many as 15 named accused persons including the informant, which has been registered as Case Crime No. 370 of 2019. In the said incident nine persons including the applicant have also sustained serious injuries. It has further been argued by the learned counsel for the applicant that in the present first information report as well as in the statements of the injured of the informant's side, general allegations of causing injuries to the injured have been assigned to all the accused persons. No specific role as to who is the author of the aforesaid injuries has been assigned to any of the accused persons. No specific weapon has been attributed to any of the accused person. The applicant is an 84 years old man and suffering from several old age ailments. He is innocent and has been falsely implicated in the present case due to village politics. Learned counsel for the applicant has also argued that it is a cross case and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 25th May, 2019.
Per contra, the learned counsel for the complainant and learned A.G.A. have opposed the prayer of bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Learned counsel for the complainant drawing the attention of the court to the medical examinations reports of the injured of the informant's, states that the injuries sustained by the injured are grievous in nature, their treatment is going on till today. Apart from the above, one injured is on Coma. He further submits that it is not a cross case and the informant's side is not aggressor. It is lastly submitted that seeing the nature of the injuries sustained by the injured, the applicant is not liable to be enlarged on bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the age of the applicant, who is 84 years old, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
(Manju Rani Chauhan, J.) Order Date :- 2.8.2019 Sushil/-