Allahabad High Court
Amar Bahadur Prajapati (3Rd Bail) S/O ... vs State Of U.P Thru. Prin. Secy. Home on 18 May, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4476 of 2022 Applicant :- Amar Bahadur Prajapati (3rd Bail) S/O Ram Narayan Opposite Party :- State Of U.P Thru. Prin. Secy. Home Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Case Crime No.45 of 2016, under Sections 302, 504, 506, 120B IPC, 30 Arms Act, Police Station Bewana, District Ambedkar Nagar.
3. Allegation against the accused-applicant and co-accused is of killing the deceased, Umesh Prajapati. The accused-applicant and co-accused fired at the deceased from the firearms. However, post mortem report of the deceased would suggest following ante mortem injuries:-
"(i) Entry wound on left side upper abdomen 12 cm below to left nipple size 3.2 x 1.5 cm, Margins inverted, Tattooing present;
(ii) Bullet recovered from left side of Abdomen underneath muscles and skin. Two pieces of metallic part filled in an envelope and sealed it hand over to concerned constable."
4. Motive for murder is that the deceased was involved in enticing away accused-applicant's daughter by Praveen.
5. Learned counsel for the accused-applicant submits that till date only witnesses of fact have been examined. The accused-applicant has been in jail since 25.04.2016. There is no likelihood of tampering the evidence by the accused-applicant at this stage or influencing the trial. It is also submitted that prosecution story is also not supported by the medical evidence inasmuch as there is only one firearm injury whereas in the FIR it is alleged that both the accused fired at the deceased from a very close range.
6. On the other hand, Mr.A.K. Singh, learned A.G.A. opposes the bail application and submits that there is eye witness account of the incident regarding involvement of the accused-applicant in commission of the offence. Even forensic science laboratory report corroborates involvement of the accused-applicant in the commission of the offence inasmuch as the bullet recovered from the body of the deceased was allegedly fired by the accused-applicant.
7. I have considered the submissions of learned counsel for the accused-applicant and learned A.G.A. for the State. The accused-applicant has been in jail since 25.40.2016. There is no criminal antecedent and till date only witnesses of fact have been examined.
8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
9. Let applicant Amar Bahadur Prajapati be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 it may cancel the bail of the accused-applicant.
Order Date :- 18.5.2022 prateek