Allahabad High Court
Pushpendra Singh vs State Of U.P. on 25 September, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2023:AHC:186317 Reserved On:- 21.09.2023 Delivered On:- 25.09.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40574 of 2023 Applicant :- Pushpendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Mishra,Gaurav Singh Tomar,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.,Kamlendra Singh Jadaun,Sanjay Kr. Srivastava,Sanjay Kumar Srivastava Hon'ble Siddharth,J.
1. Heard Sri I.P.S. Tomar, learned counsel for the applicant; Sri Sanjay Kumar Srivastava, learned counsel for informant as well as the learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant, Pushpendra Singh, with a prayer to release him on bail in Case Crime No. 186 of 2018 under Sections 147, 148, 149, 302, 307, 504, and 506 IPC, Police Station Hathras Junction, District- Hathras, during pendency of trial.
3. There is allegation in the FIR that the informant is former pradhan of the village. He has old enmity regarding election with the co-villager, Yasodhan, Singh, Rajan Singh, Gajendra Singh, Sandeep , Harendra Singh, Pushpendra Singh, the applicant, Shilendra Singh, Ajay, Sarondar Singh, Ashok and Pawan. On 09.06.2018, the aforesaid accused persons armed with gun, rifle, country-made pistol, Poniya and other illegal arms entered in his house and started abusing him. Thereafter, they started firing wherein, the informant and his elder brother, Netrpal, suffered bullet and pellet injuries. At that time, his brother, Devendra Singh and nephew, Himanshu, and sister-in-law, Hemlata, were also present. His elder brother, Netrapal and another brother, Pratap, died on the spot and the informant got badly injured.
4. Learned counsel for the applicant has submitted that the applicant was initially exonerated by the Investigating Officer in the year 2018 and chargesheet was not submitted against him. Before the trial court, on the basis of statements of P.W.-1 and P.W.-2, the applicant has been summoned for facing trial as per order aforesaid passed under Section 319 Cr.P.C.,on 23.09.2022. The applicant challenged the summoning order unsuccessfully before this Court and the Apex Court and thereafter, he has surrendered. It has been submitted that the other co-accused persons have already been enlarged on bail by this Court and coordinate Benches of this Court vide bail applications Nos. 43858 of 2018, 1746 of 2022, 7713 of 2023 and 3591 of 2023. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 16.08.2023. The trial in the aforesaid case is not likely to be concluded in near future.
5. Learned A.G.A. and learned counsel for the informant vhemently opposed the prayer for bail 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.
6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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. 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of six months.
10. Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days.
Order Date :- 25.09.2023 Abhishek