Allahabad High Court
Shivji vs State Of U.P. on 18 June, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11706 of 2020 Applicant :- Shivji Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.,Kameshwar Singh Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State, Sri Kameshwar Singh, learned counsel for the informant and perused the material placed on record.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that an FIR has been lodged on 29.06.2019 against the 10 persons including one unknown person for an incident which took place on 29.06.2019. The general role has been assigned to all the accused. In the first statement of injured informant, he allegedly assigned the role of use of spade (farsa) to Sukul Verma, axe to the Laxman Verma and Lathi & Danda to other accused including applicant also. In the second statement of injured informant, he has changed the version and stated that use of spade (farsa) is assigned to Shivmuni and use of Lathi Danda to other accused. It is further submitted that in light of statement of injured informant, all main accused, namely, Sukul, Laxman and Shivmuni have already been enlarged on bail by this Court vide orders dated 30.9.2019 and 25.9.2019 passed in Criminal Misc. Bail Application Nos. 40538 of 2019, 40537 of 2019 & 39434 of 2019 respectively. It is further submitted that alleged recovery memo is not getting support from the statement of injured informant. As per recovery memo, blood stained spade (farsa) has been recovered from the pointing out of applicant, which cannot be accepted without obtaining the forensic report. It is lastly submitted that all other accused, namely, Arvind, Jawahar and Mangaru, who have assigned the role of Lathi and Danda have already been enlarged on bail by this Court vide orders dated 18.10.2019 & 18.11.2019 passed in Criminal Misc. Bail Application Nos. 43005 of 2019, 42978 of 2019 and 49333 of 2019 respectively. Applicant is having no criminal history. He is languishing in jail since 2.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Sri Kameshwar Singh, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the prayer for bail and submitted that earlier on the apprehension of incident, NCR Nos. 0017 of 2019 and 0116 of 2019 have been lodged against the relatives of applicant. He also placed reliance upon the judgment of Apex Court in the matter of Manoj Kumar Vs. State of U.P. and another reported in 2019 (107) ACC 681 and further submitted that as per recovery memo as well as judgment of Apex Court, applicant is not entitled to be enlarged on bail.
I have perused the record as well as judgment of Apex Court. So far as statement of injured informant is concerned, there is no specific allegation assigned to the applicant. It is alleged to be stated that allegation is only against the relatives of applicant and some of them have been enlarged on bail by this Court. So far as judgment of Apex Court is concerned, the facts are entirely different wherein the incident took place in presence of eye witness and ignoring the testimony of witness, bail was granted. Here the case was entirely different, eye witness is saying something different which is not cooperating with the recovery memo, therefore, at this stage, no final conclusion can be drawn and applicant is entitled to be enlarged on bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Shivji, involved in Case Crime No. 93 of 2019, under Sections- 147, 148, 149, 302, 307, 324, 323, 504, 506, 325 IPC, Police Station- Sahatwar, District- Ballia be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant 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;
5. In case, the applicant misuses the liberty of bail 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, 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, 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. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.6.2020 Junaid