Allahabad High Court
Pradeep Kumar Pandey @ Pinku Pandey & 2 ... vs State Of U.P. on 2 September, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 5721 of 2020 Applicant :- Pradeep Kumar Pandey @ Pinku Pandey & 2 Ors. Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Tiwari Counsel for Opposite Party :- G.A.,Prashant Shukla,Shashank Kumar Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants, learned counsel for complainant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.156 of 2020, under Sections 147, 148, 323, 324, 504, 506, 325, 307 I.P.C., Police Station Unchahar, District - Raebareli with the prayer to enlarge him on bail.
The submission of learned counsel for the applicants is that the applicants are an innocent person and they are having no criminal history and are in jail since 29.05.2020 (applicant Nos.1 & 3) & 24.05.2020 (applicant No.2).
It is further submitted on behalf of the applicants that on 14.04.2020 at about 09:00 a.m., Durgesh (injured of the present case), Swatantra Pandey, Pappu Pandey came to the door of the applicant and started abusing the applicant's side and when they were stopped, then they started beating with lathi and danda to Vinay, Pradeep and Sandeep. He further submitted that in the aforesaid incident, complainant's side was the aggressor and the applicant's side tried to defend them and there was no intention to cause any such injuries to the complainant's side. He further submitted that after the said incident, on the written complaint of Pradeep Kumar Pandey (applicant No.1), F.I.R. No.155 of 2020, under Sections 323, 504, 506 I.P.C., P.S. Unchahar, District Raebareli was lodged on 14.04.2020 at 11:30 hours against the Durgesh, Swatantra Pandey and Pappu Pandey.
Learned counsel for applicants further submitted that it is undisputed that in the said incident, family members of both the sides received injuries and on the written complaint of Smt. Kusuma Devi (mother of the Durgesh), F.I.R. No.156 of 2020, under Sections 147, 148, 323, 324, 504, 506 I.P.C., Police Station Unchahar, District Raebareli was lodged on 14.04.2020 at 11:50 hours against the applicants and others. He further submitted that all the family members of the applicant's side were arrayed in the present F.I.R.
Learned counsel for applicants further submitted that it was obligatory on the part of Station House Officer to depute one Investigating Officer for conducting the investigation of both the aforesaid cases collectively, but it was not done so. He further submitted that in the present case, the charge sheet was filed by the Investigating Officer, under Sections 147, 148, 323, 324, 504, 506, 325, 307 I.P.C. He further submitted that in the statement of injured (Durgesh), he has categorically stated that he was beaten with the lathi and danda only. Thereafter, the complainant's side developed the case that the alleged injury was caused by an axe.
Learned counsel for applicants further submitted that three persons of the applicant's side namely Vinay Pandey, Pradeep Pandey and Sandeep Pandey also received injuries in the alleged incident and Vinay Pandey and Pradeep Pandey received injuries on the head. He further submitted that the investigation of the F.I.R. lodged by the applicant's side is still pending. He further submitted that on the basis of concocted evidence, F.I.R. was lodged against the applicant's side and as the complainant's side was influential, as a result, charge sheet has been filed under Section 307 I.P.C. He further submitted that the said incident was taken place due to sudden provocation and no offence under Section 307 I.P.C. is made out. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for complainant has opposed the prayer for grant of bail to the applicant and submitted that applicant's side was the aggressor and he further submitted that they also received grievous injuries on the head, but he conceded the fact that the injury of the other side namely Vinay Pandey and Pradeep Pandey has also received injuries and a lacerated wound on the head is present.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, it is undisputed that both the sides received injuries and the applicant's side had lodged the F.I.R. prior to the F.I.R. lodged by the complainant's side and that the charge sheet has also been filed in the present case, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Pradeep Kumar Pandey @ Pinku Pandey, Sandeep Kumar Pandey and Satyam Pandey - be released on bail in aforesaid Case Crime, on their furnishing personal bond to the satisfaction of the court concerned forthwith. Applicants are also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.9.2020 S. Shivhare