Allahabad High Court
Ram Chandra S/O Ram Gopal vs State Of U.P. Thru. Prin. Secy. Home Lko on 16 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8325 of 2022 Applicant :- Ram Chandra S/O Ram Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Shiv Shankar Mishra,Dashrath Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.40 of 2022 under Sections 147,323,504,506,302,201/34 IPC, Police Station Bijnaur, District Lucknow.
It has been submitted by learned counsel for the applicant that the complainant who is father of the deceased has lodged an FIR with the allegations that a quarrel took place between the deceased and nine persons in a temple and as per the version of the F.I.R., it is stated that an abetment was done by all the accused persons due to which his son committed suicide. Learned counsel for the applicant has also submitted that in the statement under section 161 Cr.P.C. the complainant has reiterated the same version, however, supplementary statement was recorded in which he has changed the version and stated that five accused including the applicant had hanged the deceased and committed murder. It has been submitted by the learned counsel for the applicant that the story has been changed by the complainant which is after thought and the applicant has not committed any officence. He also submitted that co-accused- Smt. Uma has been granted bail by this Court vide order dated 14.03.2023 passed in Criminal Misc. Bail Application No.6251 of 2022. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 22.03.2022.
Learned A.G.A. though opposed the prayer for bail and has submitted that deceased died because of offence committed by the applicant and other co-accused persons as such the applicant is not entitled for bail.
After hearing parties and looking into the overall facts and circumstances of the case as well as nature of allegations made in the FIR, change of version in supplementary statement and the fact that the co-accused Smt. Uma has been granted bail, I am of the of the opinion that the applicant is entitled to be released on bail.
Let the applicant, namely, Ram Chandra, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall 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 his 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 his 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 him, 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 him in accordance with law.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
Order Date :- 16.3.2023 dk/