Allahabad High Court
Mansingh Yadav @ Rohit Singh vs State Of U.P. on 19 March, 2021
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6405 of 2021 Applicant :- Mansingh Yadav @ Rohit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Intiaq Ali, Advocate holding brief of Sri Deepak Kumar Singh, learned counsel for applicant and learned A.G.A. for State.
2. Supplementary affidavit filed today in the Court is taken on record.
3. Applicant-Mansingh Yadav alias Rohit Singh has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 23.10.2020 passed by Sessions Judge, Kanpur Nagar in Case Crime No.335 of 2020, under Section 302 IPC, Police Station Sachendi, District Kanpur Nagar.
4. Learned counsel for the applicant submits that deceased, who allegedly stayed with applicant, died due to drowning and it was the applicant who gave certain articles of deceased to his family members and thereafter a FIR was lodged against applicant on the basis of only suspicion. He further submits that it has come during investigation that on the date of occurrence applicant and deceased were having hot talks. There is no direct evidence and entire case rests on circumstantial evidence. No motive has emerged during investigation. There is a delay of four days in lodging of FIR. Lastly, it is submitted that applicant has no criminal history and is languishing in jail since 24.09.2020 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
5. Learned A.G.A. has opposed the prayer of bail and submits that there is an evidence in the nature of last seen against applicant and circumstance of giving certain articles to the family of deceased also connects applicant with crime. He, however, has not disputed that there is no eye witness of alleged offence and that entire case rests upon circumstantial evidence.
6. Law on bail is well settled that 'Bail is rule and jail is exception'. Bail should not be granted or rejected in a mechanical manner as it concerns the liberty of a person. At the time of considering an application for bail, the Court must take into account certain factors such as the existence of a prima facie case against the accused, the gravity of the allegations, position and status of the accused, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of tampering with the witnesses and obstructing the Courts as well as the criminal antecedents of the accused. It is also well settled that the Court while considering an application for bail must not go into deep into merits of the matter such as question of credibility and reliability of prosecution witnesses which can only be tested during the trial. Even ground of parity is one of the above mentioned aspects which are essentially required to be considered while considering application for bail. It is also well settled that grant or refusal of bail is entirely within the discretion of the Judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner, compassionately and not in whimsical manner. Conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.
7. Considering the rival submission, material available on record, the period of detention already undergone, the unlikelihood of early conclusion of trial, absence of any convincing material to indicate the possibility of tampering with the evidence, relevant factors mentioned above, particularly that the evidence against applicant is in the nature of circumstantial evidence and last seen evidence; prima facie there is no direct evidence against applicant; deceased died due to drowning; there is no motive to connect applicant with alleged crime; there is delay of four day in lodging of FIR; applicant is in jail since 24.09.2020 and has no criminal history, this Court is of the view that a case of grant of bail is made out.
8. Let applicant- Mansingh Yadav alias Rohit Singh 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 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 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 Trial Court absence of applicant is deliberate or without sufficient cause, then it shall be open for Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and 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 applicant.
9. 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.
10. The bail application is allowed.
11. The observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 19.3.2021 AK