Allahabad High Court
Rahul @ Bhola vs State Of U.P. on 8 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59228 of 2022 Applicant :- Rahul @ Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar Upadhyay,Anupama Parashar,Gore Lal Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Satendra Kumar Upadhyay, learned counsel for the applicant, Sri Vinod Kumar Rai, 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, Rahul @ Bhola with the prayer to enlarge him on bail in F.I.R./Case Crime No.428 of 2022, under Sections 147, 452, 323, 504, 506, 336, 325, 302 I.P.C., Police Station Jait, District Mathura. during pendency of the trial.
Learned counsel for the applicant has submitted that a first information report came to be lodged against the seven accused persons including the present applicant. His further submission is that the present applicant is innocent, who has been falsely implicated in this case along with several co-accused persons. The present applicant along with six co-accused persons is stated to have assaulted the deceased by lathi, danda and axe. One of the co-accused, namely, Sandeep, out of seven co-accused, is alleged to have been armed with an axe. They are also stated to have assaulted five other injured persons in this incident. It is also submitted by learned counsel for the applicant that ultimately, the injured, namely, Barfi Devi, aged about 65 years succumbed to her injures. The cause of death of deceased, according to her post-mortem report, is reported to be ante-mortem injures no.1 and 2 reported on temporal region.
It is further submitted by learned counsel for the applicant that the injuries sustained by other injured persons in this alleged incident is stated to be simple in nature. There is nothing on record to suggest that the present applicant is author of the fatal head injury to the deceased. There are general allegations of assault against all the accused persons including the present applicant. However, neither specific role of causing fatal injuries was assigned to the present applicant in the first information report nor the same came to be alleged in the statement of witnesses recorded under Section 161 Cr.P.C. No incriminating article or any alleged weapon of assault has been recovered from the possession of the present applicant. The accused/applicant is languishing in jail since 16.09.2022, 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.
Learned counsel for the applicant has vehemently submitted that similarly placed co-accused, Bauli @ Girwar Singh has already been granted bail by the coordinate Bench of this Court vide its order dated 30.01.2023 passed in Criminal Misc. Bail Application No.55874 of 2022.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the having regard to the nature and manner of commission of this offence in which the deceased, who was an old lady, was done to death and as many as five other injured persons were sustained, 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.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that a first information report came to be lodged against the seven accused persons including the present applicant. There are general allegations of assault against all accused persons including the present applicant. There is nothing on record even prima facie to suggest that the present applicant is author of fatal head injury to the deceased. No incriminating article or any alleged weapon of assault has been recovered from the possession of the present applicant. Similarly placed co-accused, Bauli @ Girwar Singh has already been granted bail by the coordinate Bench of this Court vide its order dated 30.01.2023 passed in Criminal Misc. Bail Application No.55874 of 2022. The accused/applicant is languishing in jail since 16.09.2022, who has no previous criminal history.
Thus, having regard to the 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-Rahul @ Bhola 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.
Order Date :- 8.2.2023/Mahesh