Allahabad High Court
Bhoora @ Harish vs State Of U.P. on 11 August, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26279 of 2021 Applicant :- Bhoora @ Harish Opposite Party :- State of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Amit Mishra, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Bhoora @ Harish, seeking enlargement on bail during trial in connection with Case Crime No. 447 of 2019, under Sections 147, 148, 149, 323, 324, 504, 506, 307, 34, 302 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Premnagar, District Bareilly.
Learned counsel for the applicant argued that there is a cross version of the present incident and the First Information Report has also been registered from the side of the applicant. It is argued that five persons have been received injuries from the side of the applicant and there are six injured persons from the side of the prosecution and one persons has lost his life. It is argued that although in the First Information Report common and general role has been assigned to all the accused persons but later on in the statement recorded under Section 161 Cr.P.C. the applicant has been assigned the role of having sword with him and the specific role of firing has been assigned to co-accused Suresh. It is argued that co-accused Ramesh, Rajan and Deepak have been granted bail by different Benches of this Court vide orders dated 08.12.2020, 08.12.2020 and 09.09.2020 passed in Crl. Misc. Bail Application Nos. 41287 of 2020 (Ramesh Vs. State of U.P.), 41117 of 2020 (Rajan Vs. State of U.P.) and 25312 of 2020 (Deepak Vs. State of U.P.), copy of the order has been annexed as annexure 13 to the affidavit. It is further argued that the prosecution has not come up with clean hands and has not spelt out about the injuries received from the side of the accused persons and as such there is suppression of relevant fact. He further argued that the applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 28.11.2019.
Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the records, it is apparent that there are cross version of the incident. Both sides have received injuries and the prosecution is silent about the injuries received from the side of the applicant. Co-accused persons have been granted bail by co-ordinate Benches of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Bhoora @ Harish, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 11.8.2021 M. ARIF (Samit Gopal, J.)