Allahabad High Court
Gaurav Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. on 28 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13816 of 2022 Applicant :- Gaurav Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, 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 the applicant on bail during the trial in Case Crime No.111 of 2022, under Sections 147, 148, 149, 323, 427, 307, 447, 504, 506 I.P.C. 7 CLA Act,,P.S. Sangrampur, District Amethi.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. As per the version of the F.I.R. and the statements of the injured persons, the applicant has been assigned the role of assaulting with axe. He has drawn attention of this Court towards injury report and added that from perusal thereof, there is no such injury over the body of the injured, which can be said to be caused with the axe. Co-accused persons, who have been assigned role of assaulting the injured with lathi-danda, have been enlarged on bail and in those cases, injury report was corroborating the incidence as injuries were lacerated and that can be caused by lathi-danda. Almost all injuries are simple in nature. There is no criminal history of the applicant, which has been explained in para 22 of the bail application. The applicant is a law abiding citizen, who is languishing in jail since 26.10.2022. In case, the applicant is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.
Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail.
Having heard the learned counsel for the parties and after perusal of record, it is evident that there are no such injuries, which can be caused by the axe and role of the present applicant has been assigned for assaulting with the axe; there is no criminal history of the applicant, which has been explained in para 22 of the bail application; the applicant is a law abiding citizen; and the applicant is languishing in jail since 26.10.2022.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant Gaurav Singh involved in the aforementioned 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, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 28.11.2022 Ram Murti