Allahabad High Court
Shailesh Kori vs State Of U.P. on 12 April, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45056 of 2021 Applicant :- Shailesh Kori Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 676 of 2020, under Sections 302, 34 I.P.C., Police Station - Kavinagar, District - Ghaziabad with the prayer to enlarge the applicant on bail.
The FIR of the alleged incident was lodged by complainant Sachin Kumar Tevatiya about the unnatural death of his mother on 07.05.2020 at about 5:30 A.M. when she had gone for morning walk. It was alleged in the FIR that mother of the complainant was assaulted to death by gun shot fired by his phupha Vinod Kumar son of Rajendra Kumar and one another person.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is argued that the applicant was not named in the FIR. His name has surfaced during investigation of this matter on same day i.e. 07.05.2020 after he was arrested having a country made pistol in his hand in the NDRF area. Learned counsel for applicant also submits that except a confessional statement of the present accused there is no evidence against him and the confessional statement of the accused given to the police is neither reliable nor admissible in evidence. Further submission is that there is no eye witness to say that the present accused was seen committing the alleged offence and no identification parade was conducted by the police to ascertain the real culprit. Then, it is argued that the alleged recovery of country made pistol from the accused is totally fake and false. It cannot be connected with the offence as there is not empty cartridge recovered from the place of occurrence and there is no ballistic report that any cartridge was fired from this weapon. Lastly it is argued that the applicant is in jail since 07.05.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, considering that there is only evidence of confessional statement of this accused, considering that no eye witness has come forward to depose anything against this accused, considering the period of detention of the applicant and all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Shailesh Kori involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
Order Date :- 12.4.2022 LBY