Allahabad High Court
Kapil vs State Of U.P. on 10 December, 2020
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 4758 of 2020 Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Shrawan Kumar,Shrawan Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Rakesh Srivastava,J.
Heard Sri Atul Kumar Dwivedi, learned counsel for the applicant and the learned AGA for the State.
Learned counsel for applicant has submitted that because of enmity the applicant has been falsely implicated in this case. The FIR was lodged against five named persons, including the applicant, and three unknown persons wherein it is alleged that the deceased was present in the "Bara" of the grove, where the accused persons came and inflicted injuries with bricks and stones and killed him and snatched gold chain, two rings and Rs. 25,000/- cash. It is contended that no specific role has been assigned to the applicant and that as per the post-mortem report there are only two injuries on the body of the deceased. There is no independent witness. The elder brother of the informant was present at the time of preparation of the inquest report but no complaint, whatsoever, was made by him at that time. The charge sheet has been filed against the applicant without waiting for the forensic report. It has been pointed out that in Bail No. 3776 of 2020, Vijay Kumar v. State of U.P. and Bail No. 2853 of 2020, Bhola Nath v. State of U.P., co-accused, Vijay Kumar and Bhola Nath respectively, who have been ascribed similar role, have been enlarged on bail. The applicant has no criminal history and he is languishing in jail since 21.11.2019. The counsel contends that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but he could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Kapil, involved in Case Crime No. 552 of 2019, under Sections 147, 149, 302 IPC, Police Station Fardhan, District Lakhimpur Kheri, 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 which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he would 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.
Order Date :- 10.12.2020 Pradeep/-