Allahabad High Court
Mahendra Ahirwar vs State Of U.P. on 17 November, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37564 of 2020 Applicant :- Mahendra Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Awadhesh Prasad Pandey, learned counsel for the applicants and the learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Mahendra Ahirwar with a prayer to enlarge him on bail in Case Crime No. 169 of 2019, under Sections-304 and 377 I.P.C., P.S. Baru Sagar, District-Jhansi,during the pendency of the trial.
It has been argued by the learned counsel for the applicant that as per the version of the First Information Report, applicant and other co-accused, namely, Uttam Ahirwar called the deceased from his house.Thereafter his dead body was recovered on same day. Learned counsel for the applicant has submitted that inquest of the body of the deceased was performed on 29.10.2019 and First Information Report was lodged on 30.10.2019. In the inquest report nothing has been mentioned about the applicant taking away the deceased along with him. First Information Report was lodged on 30.10.2019 falsely implicated the applicant and other co-accused by cooking up false story.The dead body was recovered in the check dam. It has further been submitted by the learned counsel for the applicant that the co-accused, namely, Uttam Ahirwar has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 18th June, 2020 vide passed in Criminal Misc. Bail Application No. 13272 of 2020, a copy of which has been annexed at page-81 onwards of the paper book. The case of the applicant is on similar footing to that of the aforesaid co-accused. As such, the present applicant is also liable to be enlarged on bail. It is also submitted that the applicant has no criminal incident to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 1st November, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Manju Rani Chauhan, J.) Order Date :- 17.11.2020 Sushil/-