Allahabad High Court
Subodh @ Kallu Pandey 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. - 27195 of 2018 Applicant :- Subodh @ Kallu Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Srivastava,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.,Pawankumar Dubey Hon'ble Mrs. Manju Rani Chauhan,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Radhey Shyam Shukla and Atharv Dixit, learned counsel for the applicant, Sri Pawan Kumar Dubey, learned counsel for the complainant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ?Subodh @ Kallu Pandey with a prayer to enlarge him on bail in Case Crime No.285 of 2018, under Section 307 I.P.C., Police Station Kotwali, District Shahjahanpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR the marriage of son of the informant was fixed on 27.04.2018 and on the said date as the function was going on, the applicant came there with a 315 bore country made pistol in his hand and at the time of jaimal the applicant shot fire at the son of the complainant, namely, Ashish, due to which Ashish sustained fire arm injury on his left wrist, i.e. on non-vital part. It is argued by learned counsel for the applicant that it appears to be a case of harsh firing. Criminal history of 29 cases against the applicant is explained in the rejoinder affidavit. Learned counsel for the applicant also pressed this bail application on the ground of period of detention as the applicant is in jail since 05.06.2018. It is next contended that there is no possibility 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. Accordingly, he requests for bail.
Per contra, learned counsel for the complainant as well as learned A.G.A. has opposed the bail prayer 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and 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 will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
ii) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
iii) The applicant shall personally appear once in the first week of every month in the concerned police station. In case of any default, the in-charge, police station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned, who is required to convey this order to the concerned police station to ensure compliance of condition no.iii as provided hereinbefore.
The concerned court below which will accept the bail bonds is also directed to convey a photo-copy of this order to the concerned police station so that the condition no.iii provided hereinbefore may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 2.8.2019 Anand Sri./-