Allahabad High Court
Sumit Kumar @ Summi vs State Of U.P. on 16 February, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:27037 Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57654 of 2022 Applicant :- Sumit Kumar @ Summi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Devendra Singh,Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Sumit Kumar @ Summi, with a prayer to release him on bail in Case Crime No. 224/2022, under Sections-302, 201, 120B IPC, Police Station-Karhal, District- Mainpuri, during pendency of trial.
The co-accused, Seetu @ Hargovind, has already been enlarged on bail by this Court by the following order dated 06.11.2023 in Bail Application No.689 of 2023:-
"Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Seetu @ Hargovind, with a prayer to release him on bail in Case Crime No. 224 of 2022, under Sections 302, 201, 120-B IPC, Police Station -Karhal District- Mainpuri during pendency of trial.
FIR was lodged against unknown accused regarding commission of offence of murder, causing disappearance of dead body of the deceased and conspiracy.
Learned counsel for the applicant has submitted that no one was named in FIR. In fact, it is a case of blind murder. Subsequently, applicant has been implicated on the basis of last seen evidence. No incriminating recovery has been made from him. Recovery of brick has been made from co-accused, Ankit.The applicant has been falsely implicated in this case by the police only to walk out the case. He has criminal history of thirteen cases including present one to his credit and is languishing in jail since 06.10.2022.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail, she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
(i) The applicant will report his presence before police station-Karhal, District- Mainpuri, in the first week of every second month.
(ii) The applicant shall not tamper with the evidence or threaten the witnesses.
(iii) 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.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(v) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(vi) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted."
Learned counsel for the applicant has contended that the co-accused, Seetu Hargovind, has been granted bail by this Court on 06.11.2023 in Criminal Misc. Bail Application No. 689 of 2023. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has criminal history of seven cases to his credit while the co-accused has criminal history of thirteen cases to his credit. The applicant is languishing in jail since 06.10.2022.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case be released on bail on 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 will report his presence before police station-Karhal, District- Mainpuri, in the first week of every second month.
(ii) The applicant shall not tamper with the evidence or threaten the witnesses.
(iii) 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.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(v) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(vi) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.2.2024 Abhishek