Allahabad High Court
Tahloo @ Ram Tahal And Another vs State Of U.P. on 18 December, 2020
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- BAIL No. - 9671 of 2020 Applicant :- Tahloo @ Ram Tahal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Arvind Pratap Singh, learned counsel for the applicants as well as learned Additional Government Advocate appearing for the State of U.P.
2. The instant bail application has been filed on behalf of applicant with prayer to release him on bail in pursuance to Case Crime No. 130/2020, U/S - 323, 504, 304 I.P.C., Police Station Trabganj, District Gonda.
3. It has further been submitted on behalf of applicant that the F.I.R. was lodged on 24.05.2020 stating therein that number of accused had started assaulting the complainant due to a dispute regarding Nali and Chhapar and during the said incident certain other persons including his father-Maiku(deceased) rather Bhabhi and other persons came to rescue him who were also assaulted. Subsequently, Maiku received injury and was referred to the hospital and subsequently died. As per the medical report only one lacerated wound was found to be present on the left side of scalp of head.
4. The perusal of the statement in the first information report as well as the statement of the complainant under Section 161 Cr.P.C indicates that general allegations of assault have been levelled against all the applicants and no specific role has been assigned to any one individual.
4. It has been further been submitted that applicants have no criminal history and are languishing in jail. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
5. Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
6. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
7. Let the applicant, namely, Tahloo @ Ram Tahal and Ganesh @ Ram Charittar involved in Case Crime No. 130/2020, U/S - 323, 504, 304 I.P.C., Police Station Trabganj, District Gonda 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 which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she would 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 them in accordance with law.
8. The present bail application stands disposed of.
(Alok Mathur, J.) Order Date :- 18.12.2020/Ravi/