Allahabad High Court
Ramlal Alias Ramprasad S/O Mishrilal vs State Of U.P. Thru. Secy. Home on 16 August, 2022
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9075 of 2022 Applicant :- Ramlal Alias Ramprasad S/O Mishrilal Opposite Party :- State Of U.P. Thru. Secy. Home Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
This case is taken up in the revised call.
Heard Sri Narendra Gupta, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 231/2022, under Sections 147, 323, 504 and 304 I.P.C., Police Station Mishrikh, District Sitapur.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to village party bandi and enmity.
Learned counsel for the applicant further submits that due to some minor dispute between son of the applicant and with the deceased regarding filling the water at the Government hand pump some dispute arose and in this regard an F.I.R. dated 15.05.2022 was registered under Sections 323, 504 and 308 I.P.C. and as per prosecution case the father of the informant has gone to fill the water from the Government hand pump, four accused persons, namely, Vinod, Ashok, Amarpal @ Haggan and Nanhe have assaulted the father of the deceased by lathi and danda and also abused him. Due to the injury the father of the informant fell down and was taken to the hospital and thereafter during the course of the treatment he died.
Learned counsel for the applicant further submits that as per post-mortem report, which was conducted on the next day i.e. 16.05.2022, the cause of death was ante-mortem head injury.
Learned counsel for the applicant further submits that the applicant was not named in the F.I.R. the statement of the informant was recorded. The informant has taken the name of the applicant, but has not made any allegation and has specifically assigned the role of hitting the deceased on his head by lathi to one Vinod, son of the applicant. He further submits that one of the eye witnesses Nanhe had taken the name of the present applicant, but has not assigned any role to the present applicant and has clearly stated that Vinod has assaulted the deceased by lathi on his head. He further submits that the recovery of danda was also made from the pointing out of the Vinod.
Learned counsel for the applicant further submits that in the F.I.R. general allegation has been levelled against all the named accused persons, there is no allegation against the applicant, but in the statement recorded under Section 161 Cr.P.C. the informant as well as in the interested witness, the case has been developed and with mala fide intention, the name of the present applicant has been taken, but was not assigned any role of hitting to the deceased by any weapon.
Learned counsel for the applicant further submits that the applicant was in his field when the alleged incident took place and he was not present on the spot. The applicant has not caused any injury to the deceased, because he is the father of the main co-accused Vinod and other accused, therefore, his name was falsely implicated by the informant. He further submits that no specific role has been assigned to the applicant and there is only one injury and as per statement of the informant and witnesses that injury was caused by the Vinod, therefore, the applicant be enlarged on bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history, which has been explained in para 13 of the affidavit filed in support of the bail application and the applicant is in jail since 05.06.2022 and has by now done a substantial period of incarceration, therefore, the bail application of the applicant may also be considered by this Court sympathetically and he should also be released on bail.
Learned A.G.A. opposed the prayer for bail but did not dispute this fact that in the F.I.R. general allegation has been levelled against all the named accused persons. The informant has specifically assigned the role of hitting the deceased on his head by lathi to one Vinod, son of the applicant and the recovery of danda was also made from the pointing out of other co-accused Vinod.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that the applicant was not named in the F.I.R.; as per post-mortem report the cause of death was ante-mortem head injury and the informant has specifically assigned the role of hitting the deceased on his head by lathi to one Vinod, son of the applicant and the recovery of danda was also made from the pointing out of the Vinod.; the applicant was not assigned any role of hitting to the deceased by any weapon and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant-Ramlal @ Ramprasad involved in Case Crime No. 231/2022, under Sections 147, 323, 504 and 304 I.P.C., Police Station Mishrikh, District Sitapur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5) In case, the applicant misuses the liberty of bail during trial, 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.
(6) The applicant shall remain present, 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.
(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(8) 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.
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 cancellation of applicant's bail.
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 :- 16.8.2022 Arvind