Allahabad High Court
Ramji vs State Of U.P. on 12 April, 2023
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48842 of 2022 Applicant :- Ramji Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Sudhir Singh Chauhan Counsel for Opposite Party :- G.A.,Ajay Vikram Yadav With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50352 of 2022 Applicant :- Arun Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Sudhir Singh Chauhan Counsel for Opposite Party :- G.A.,Ajay Vikram Yadav With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51730 of 2022 Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh,Sudhir Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.
By means of these applications under Section 439 of Cr.P.C., applicants Ramji, Arun and Shivam, who are involved in Case Crime No. 78 of 2022, under Sections 304, 323 IPC, police station Onchha, district Mainpuri, seek enlargement on bail during the pendency of trial.
It is argued by learned counsel for the applicants that in this case, incident took place on 11.06.2022 at 01:30 pm at the shop of Shivam (accused of this case) situated within the territory of police station Onchha, district Mainpuri, on a very petty issue that Sanjeev (informant of this case) parked his motorcycle in front of Shivam?s shop which obstructed the way. When Shivam requested Sanjeev to remove his motorcycle, he became furious and called Rajendra, Naresh, Subhash, Sadhu, Sher Singh and several other persons from his village, who have badly beaten Shivam whereby he has received serious injuries. When he went to lodge the F.I.R. at police station Onchha, district Mainpuri, his F.I.R. was not lodged on the influence of Sanjeev Kumar, who is informant of this case. It is next submitted that in the said incident, Sanjeev thrown a stone which hit to his own man Rajendra. Thereafter, they in order to save their skin took Rajendra to district Etah but on the way, he died. Thereafter, Sanjeev Kumar without getting the F.I.R. lodged informed the police of police station Rijor, district Etah through his relative Umesh Yadav about the death of Rajendra. On which inquest proceeding of Rajendra was conducted but no visible injury was found on his body. Thereafter, post mortem of the deceased Rajendra was conducted on 11.06.2022 between 11:55 P.M. to 01:30 A.M. in haste manner in the night itself in violation of mandatory provisions of para 719-A of U.P. Medical Manual, in which, no injury was found on his body and as per the opinion of the doctor, cause of death of the deceased could not be ascertained and viscera was preserved but in the viscera report, no poisonous substance was found. Thereafter, informant Sanjeev Kumar lodged the F.I.R. on 11.06.2022 at 23:48 hours at case crime no. 78 of 2022, under Sections 304, 323 IPC, police station Onchha, district Mainpuri against seven accused persons, namely, Shivam, Prashant, Ram Lakhan, Ramji, Arun, Ravindra @ Pappu and Raja with the allegation inter alia that on 11.06.2022 at about 01:30 P.M., accused persons came to his house and started assaulting them whereby Satya Prakash, Avanish, Satish Chandra and Rajendra have received injuries. In the F.I.R. lodged by Sanjeev, it is alleged that Shivam, Prashant, Ram Lakhan and Ramji were armed with iron rod whereas Arun, Ravindra @ Pappu and Raja were armed with hockey but both the alleged weapons of assault have not been recovered during investigation. So far as present applicants are concerned, it is argued that no weapon as alleged by the prosecution has been recovered from their possession. It is also pointed out that after great effort, police registered F.I.R. from the side of the applicants on 12.06.2022 at 21:58 hours lodged by Smt. Sheela Devi (mother of accused Shivam and Ramji) at case crime no. 0080 of 2022, under Sections 147, 148, 149, 323, 504, 336 and 307 IPC, police station Onchha, district Mainpuri against Sanjeev (informant of this case), Rajendra, Naresh, Subhash @ Bhure, Sadhu, Sher Singh and 8-10 unknown persons, who have been granted bail. Referring to the injury report dated 11.06.2022 of Shivam, it is pointed out that Shivam has received seven injuries on his body and he was medically examined on 11.06.2022 at 02:22 pm. Injury no. 1 was kept under observation and injuries were found fresh in nature. It is also submitted that in the first information report dated 11.06.2022 of Sanjeev Kumar, there is no reference of the injuries found on the body of Shivam. Much emphasis has been given by contending that inquest and post mortem of the deceased-Rajendra was conducted in district Etah but thereafter F.I.R. was lodged by Sanjeev Kumar after 10 hours 18 minutes of the incident at police station Onchha, district Mainpuri whereas in view of the judgment of the Apex Court in the case of Lalita Kumari Vs. State of U.P. and others, (2014) 2 SCC 1, F.I.R. can be lodged at any place in India. It is also pointed out that when statement under Section 161 Cr.P.C. of the informant-Sanjeev was recorded, he has stated that incident took place in front of house of Bodhpal whereas in the site plan prepared by the Investigating Officer in case crime no.78 of 2022, house of Bodhpal has not been shown. Apart from this, much emphasis has been given by contending that informant's side was aggressor and incident took place at the shop of Shivam as noted above, which is also corroborated from the site plan prepared by the Investigating Officer in Case Crime No. 80 of 2022. It is also pointed out that injuries of the alleged injured persons namely, Satish Chandra, Avanish, Anshul and Satyaprakash from the side of Sanjeev Kumar are simple injuries and they were examined in violation of para 705 Chapter XIV of the U.P. Medical Manual as no ?majroomi chitthi? was prepared for medical examination of alleged injured persons of case crime no. 78 of 2022. On the said fact, it is argued that in fact, said injury reports are nothing but are fabricated documents procured from the informant's side extending his influence. Lastly, it is argued that independent witnesses, namely, Sangita, Praveen, Anar Singh, Arvind, Radhey Shyam, Balak Ram, Atish and Satyaveer have also stated inter alia that incident took place at the shop of Shivam. The applicants do not have any criminal history to their credit. Lastly, it is submitted by learned counsel for the applicants that there is no chance of the applicants fleeing away from the judicial process or tampering with the prosecution evidence. The accused-applicants Ramji and Shivam are languishing in jail since 12.06.2022 and accused-applicant Arun is languishing in jail since 01.07.2022 and in case, they are released on bail, they will not misuse the liberty of bail and cooperate with the trial.
Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant in the light of averment made in the F.I.R. of Case Crime No. 78 of 2022 but they could not dispute the above factual aspect of the matter as argued on behalf of the applicants.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no dispute about the fact that no visible injury was found on the body of the deceased Rajendra at the time of conducting inquest proceeding and as per the post mortem report of deceased-Rajendra, which was also done in different district at Etah, cause of death could not be ascertained. At the time of inquest proceeding and post mortem report of deceased, F.I.R. was not in existence. There is no explanation of the prosecution that why the F.I.R. was not lodged promptly in district Etah. I also find that specific allegation has been levelled against accused persons that they have caused injuries by iron rod and hockey whereas neither iron rod nor hockey which was the weapon of assault has been recovered in the present case. The Investigating Officer, after culmination of investigation, submitted charge-sheet only against Shivam, Ramji and Arun and rest of the accused persons have been exonerated. From the site plan prepared in Case Crime No. 80 of 2022 lodged by Smt. Sheela Devi (mother of accused Shivam and Ramji), it is clear that incident took place at the shop of Shivam, therefore, prima facie, inference can be drawn that informant's side were the aggressor in the incident. Since allegation and defence of the accused is still open to be urged before the trial Court, therefore, this Court in exercise of powers under Section 439 Cr.P.C. does not deem it appropriate to give detail analysis of the evidence on record. In view of the above, considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants have made out a case for bail. Hence, the bail applications of the applicants are hereby allowed.
Let the applicants - Ramji, Arun and Shivam, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-
(i) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) That after their release, the applicants shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 12.4.2023 Shubham