Allahabad High Court
Loknath Bind@ Loku vs State Of U.P. on 15 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49878 of 2022 Applicant :- Loknath Bind@ Loku Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Kalp Dev Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The instant application for bail has been moved on behalf of the applicant, Loknath Bind@ Loku with the prayer to enlarge him on bail in F.I.R./ Case Crime No.291 of 2022, under Sections 304/34 I.P.C., Police Station Kotwali, District Ghazipur, during pendency of the trial.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/ applicant is innocent who has been falsely implicated in this case. He has further submitted that initially a first information report came to be lodged against three named persons including the present applicant and one unknown person. However, upon conclusion of investigation charge-sheet came to be laid against three named accused persons only, including the present applicant. He has also submitted that according to first information report, Madan Gopal Pandey, the deceased, younger brother of the first informant, Tej Bahadur Bind, is stated to have been assaulted by all accused persons including the present applicant. The co-accused, Ajeet is stated to have stabbed the deceased on 05.06.2022 causing death of the deceased.
His further submission is that according to postmortem report, cause of death of the deceased is reported to be hemorrhagic shock as a result of antemortem stab wound injury. He further submits that there is no other external or internal injury reported on the person of the deceased which indicates that except the sole fatal injury which is stated to have been inflicted by co-accused Ajeet, no other injury was inflicted by the present applicant. He has also submitted that except specific allegation against co-accused Ajeet, there is general allegation of assault against all other co-accused persons including the present applicant. Therefore, he submits that case of present applicant is clearly distinguishable from that of co-accused Ajeet. He has also stated that a false recovery of knife has been shown on the pointing out of the present applicant. This fact finds mention in Para 28 to the instant bail application.
Learned counsel for the applicant has also submitted that the accused/ applicant is languishing in jail since 11.06.2022 who has no previous criminal history.
His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that on the date of incident i.e. 05.06.2022, the present applicant along with co-accused persons including the present applicant Ajeet who is stated to have stabbed the deceased were present on the spot and they had assaulted the deceased. Therefore, the present applicant does not deserve to be enlarged on bail. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant including the fact that there is only one stab wound reported on the person of the deceased. The cause of death of the deceased, according to postmortem report is reported to be hemorrhagic shock as a result of antemortem stab wound injury. There is no other injury reported on the person of the deceased. He has also been unable to dispute the fact that any recovery was made from the possession of the present applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that initially a first information report came to be lodged against three named persons including the present applicant and one unknown person. However, upon conclusion of investigation charge-sheet came to be laid against three named accused persons only, including the present applicant. According to first information report, Madan Gopal Pandey, the deceased, younger brother of the first informant, Tej Bahadur Bind, is stated to have been assaulted by all accused persons including the present applicant. The co-accused, Ajeet is stated to have stabbed the deceased on 05.06.2021 i.e. the date of incident which caused death of the deceased. According to postmortem report, the cause of death of the deceased is reported to be hemorrhagic shock as a result of antemortem stab wound injury. There is no other external or internal injury reported on the person of the deceased which indicates that except the sole fatal injury which is stated to have been inflicted by co-accused Ajeet, no other injury was inflicted by the present applicant. He has also submitted that except specific allegation against co-accused Ajeet, there is general allegation of assault against all other co-accused persons including the present applicant Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.
Let the applicant-Loknath Bind@ Loku be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to 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 not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.
(Ajai Kumar Srivastava-I, J.) Order Date :- 15.2.2023 SP/-