Allahabad High Court
Sheoraj vs State Of U.P. on 23 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51319 of 2022 Applicant :- Sheoraj Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Dharmendra Kumar Patel, learned counsel for the applicant, Sri Ravi Prakash Bhatt, learned A.G.A. for the State, Sri Ashok Kumar Singh, learned counsel for the complainant and perused the entire record.
The instant application for bail has been moved on behalf of the applicant, Sheoraj with the prayer to enlarge him on bail in F.I.R./ Case Crime No.138 of 2022 (Sessions Case No.910 of 2022), under Sections 302 and 504 I.P.C., Police Station Jarif Nagar, District, Budaun, during pendency of the trial.
Learned counsel for the applicant has submitted that the innocent applicant has been falsely implicated in this case. His further submission is that a false first information report came to be lodged against four named accused persons including the present applicant. He has also submitted that according to prosecution story, the accused/ applicant assaulted the deceased by lathi and danda on 21.05.2022 at about 10:00 A.M. when the deceased had gone to ease near the agricultural field of one Kalyan.
His further submission is that the cause of death of the deceased, according to the postmortem report annexed as Annexure No.4 to the instant bail application, is reported to be shock and hemorrhage due to antemortem injury. There are eight antemortem injuries reported on the person of the deceased. However, there is nothing on record to suggest that who is the author of fatal injury which caused the death of the deceased.
His next submission is that the role assigned to all the accused persons including the present applicant is general and vague in nature. The first informant is not an eyewitness of this incident. The witnesses, who are said to be eyewitnesses, namely, Anil and Vikas are not reliable. The eyewitness Vikas is said to be present during the inquest proceeding, however, he did not reveal this fact to the first informant.
His further submission is that no incriminating article/ weapon of assault has been recovered from the possession of the accused/ applicant or on his pointing out.
His further submission is that the other co-accused, persons, namely, Shishupal and Pappu, who are also stated to have assaulted the deceased on the fateful day and on whose pointing out a lathi and a danda were stated to have been recovered respectively, have already been granted bail by the coordinate Bench of this Court vide order dated 21.09.2022 passed in Criminal Misc. Bail Application No.37506 of 2022 titled as Shishupal vs. State of U.P. and vide order dated 31.01.2023 passed in Criminal Misc. Bail Application No.40788 of 2022 titled as Pappu vs. State of U.P. respectively.
Learned counsel for the applicant has also submitted that the accused/ applicant is languishing in jail since 22.05.2022 who has no previous criminal history.
His further submission is that in case, the accused/ 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 and learned counsel for the complainant have vehemently opposed the prayer for grant of bail by submitting that the accused/ applicant is named in the first information report who is assigned role of causing injury to the victim who ultimately succumbed to his injuries. They, therefore, submit that the present applicant is not entitled to be enlarged on bail. However, they have been unable to dispute the other factual submissions advanced by learned counsel for the applicant including the fact that the other co-accused, persons, namely, Shishupal and Pappu, who are also stated to have assaulted the deceased on the fateful day and on whose pointing out a lathi and a danda were stated to have been recovered respectively, have already been granted bail by the coordinate Bench of this Court vide order dated 21.09.2022 passed in Criminal Misc. Bail Application No.37506 of 2022 titled as Shishupal vs. State of U.P. and vide order dated 31.01.2023 passed in Criminal Misc. Bail Application No.40788 of 2022 titled as Pappu vs. State of U.P. respectively.
Having heard the learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and upon perusal of record, it transpires that the first information report came to be lodged against four named accused persons including the present applicant. The cause of death of the deceased, according to the postmortem report annexed as Annexure No.4 to the instant bail application is reported to be shock and hemorrhage due to antemortem injury. There are eight antemortem injuries reported on the person of the deceased. However, there is nothing on record to suggest that who is the author of fatal injury which caused the death of the deceased. The role assigned to all the accused persons including the present applicant is general and vague in nature. The first informant and Anil are not the eyewitnesses of the alleged incident. The witness, Vikas, who is stated to be an eyewitness of this incident, has also stated that all the accused persons assaulted the deceased. The other co-accused, persons, namely, Shishupal and Pappu, who are also stated to have assaulted the deceased on the fateful day and on whose pointing out a lathi and a danda were stated to have been recovered respectively, have already been granted bail by the coordinate Bench of this Court vide order dated 21.09.2022 passed in Criminal Misc. Bail Application No.37506 of 2022 titled as Shishupal vs. State of U.P. and vide order dated 31.01.2023 passed in Criminal Misc. Bail Application No.40788 of 2022 titled as Pappu vs. State of U.P. respectively. The accused/ applicant is languishing in jail since 22.05.2022 who has no previous criminal history.
Thus, having regard to the overall facts and circumstances 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, Sheoraj 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 him 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 bail application.
(Ajai Kumar Srivastava-I, J.) Order Date :- 23.2.2023 cks/-