Allahabad High Court
Shiv Pratap Singh @ Ram Sindoor And ... vs State Of U.P. on 3 September, 2020
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25744 of 2020 Applicant :- Shiv Pratap Singh @ Ram Sindoor And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Shri Ashwini Kumar Ojha, learned counsel for applicants and Shri G.S. Chauhan, learned counsel for the complainant as well as learned A.G.A. Perused the record.
This bail application filed on behalf of Shiv Pratap Singh @ Ram Sindoor and Shivam Gurjar, who are in jail since 28.6.2020 in connection with Case Crime No.135 of 2019, u/s 147, 148, 149, 504, 323, 307 I.P.C., P.S.-Samthar, District-Jhansi.
It has been contended by learned counsel for the applicants that two successive F.I.Rs. within intervening period of half an hour were lodged, one by Manoj Kumar and another by Vandana. The present case relates to Case Crime No.135 of 2019, in which an omnibus role has been attributed to all named accused persons for assaulting upon the injured by lathi, hockey, butt and country made pistol causing injuries to Shyam Ji. There are two injury reports of injured which are annexed as Annexure-10 and 11 along with the affidavit filed in support of bail application. Perusal of both injury reports shows that there is yawning different in the injuries. In the medico legal report of inured dated 5.12.2019 the doctor opined that there are as many as 13 injuries on the body of injured whereas when the same injured got examined on 8.12.2019 there are only four injuries shown over his person. This is a material discrepancy which speaks volumes about the conduct of the doctor. The Court is shocked to see that in the earlier medico legal report there were as many as 13 injuries shown over the person of injured and within a period of three days the number of injury reduced to only four. The C.M.O., Jhansi is directed to hold an internal departmental inquiry against the erring doctor and take suitable action against him who deliberately wanted to dupe and misguide the Court by signing a wrong medical report. So far as criminal history is concerned, applicant no.2 has got no criminal antecedents while applicant no.1 has got two criminal antecedents which have been explained in para 21 of the affidavit and the same has not been disputed by learned counsel for the complainant.
Learned A.G.A. as well as learned counsel appearing on behalf of complainant have opposed the prayer for bail but have not disputed the aforesaid factum.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of 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 applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Shiv Pratap Singh @ Ram Sindoor and Shivam Gurjar, who are involved in Case Crime No.135 of 2019, u/s 147, 148, 149, 504, 323, 307 I.P.C., P.S.-Samthar, District-Jhansi, be released on bail on their 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.
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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.
(ii) THE APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE, PROCLAMATION UNDER SECTION 82 CR.P.C. MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS 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 APPLICANTS ARE 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 THEM IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOURS AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicants 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.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 3.9.2020 M. Kumar