Allahabad High Court
Ramu @ Surendra Pal Singh vs State Of U.P. on 24 July, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:147368 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29907 of 2023 Applicant :- Ramu @ Surendra Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Sengar, the learned counsel for applicant and the learned A.G.A. for State.
This application for bail has been filed by applicant Ramu @ Surendra Pal Singh seeking his enlargement on bail in Case Crime No.0117 of 2023, under Section 302 IPC, police station Jalaun, district Jalaun, during the pendency of trial.
Perused the record.
Record shows that an incident occurred on 03.04.2023 in which Nizam @ Aansu, son of the first informant died. Subsequently, the dead body of the deceased was recovered on 04.04.2023. Thereafter, information regarding above occurrence was given by the first informant at the concerned police station.
On the above information, the inquest (Panchayatnama) of the deceased was conducted on 04.04.2023. In the opinion of the witnesses of inquest (Panch witnesses), the nature of death of the deceased was characterized as homicidal. Thereafter, the post-mortem of body of the deceased was conducted. In the opinion of autopsy surgeon, the cause of death of the deceased was due to head injury. The Doctor, who conducted the autopsy of the body of deceased, found following ante-mortem injuries on the body of the deceased, which is explicit from the recital contained at page 30/31 of the paper book :-
"1. Lacerated wound of size 5 cm x 2 cm x bone deep present on left side of forehead starting 3 cm above middle of left eyebrow vertical in position with infiltration of blood in the underlying tissue of scalp on further dissection and on removal of the skull cap and on dissection of the dura diffuse subdural hemorrhage present on left frontal, parietal and temporal region of brain with oedema of the brain tissue.
2. Reddish diffuse swelling on top of right parietal region of head with infiltration of blood in the underlying tissue of scalp.
3. Reddish abraded contusion of size 7 cm x 5 cm present on right side of face starting 1 cm from lateral canthus of right eye obliquely placed.
4. Lacerated wound of size 1 cm x 0.5 cm x tissue deep on left side of nose on nasal bridge vertical in direction with clotted blood on margins and in surrounding tissue of the wound.
5. Reddish linear abrasion of size 2 cm on left side of neck 4 cm from the midline at the level of thyroid gland oblique in direction.
6. Reddish abrasion 0.5 cm x 0.5 cm placed 1 cm below injury no.5 oblique in direction.
7. Reddish contusion of size 2 cm x 0.5 cm starting from top of injury no.5 and is going obliquely upwards towards back of neck along angle of mandible.
8. Lacerated wound of size 1 cm x 0.5 cm present on dorsal aspect of left hand on the knuckle space of middle and ring finger with clotted blood present along the margins of the wound and in the surrounding tissue.
9. Reddish tram track contusion of size 15 cm x 4 cm present obliquely on right side lower aspect of chest and is 15 cm above right anterior superior iliac spine with infiltration of blood in the underlying tissue.
10. Reddish abraded contusion of size 70 cm x 11 cm on back starting 20 cm below c7 vertebra oblique in direction and extending on deltoid region of left arm with infiltration of blood in the underlying tissue.
11. Reddish abraded contusion of size 15 cm x 7 cm starting from tip pf left shoulder and ending on superior lateral border of left scapula, oblique in direction with infiltration of blood in the underlying tissue.
12. Reddish tram rack contusion of size 11 cm x 3 cm overlapping injury no.11 on the scapular region with oblique direction with infiltration of blood in the underlying tissue.
13. Reddish tram track abraded contusion of size 30 cm x 3 cm found overlapping reddish abrasion of size 30 cm x 11 cm on right scapular region both placed obliquely with infiltration of blood in the underlying tissue.
14. Reddish tram track contusion of size 17 cm x 3 cm on dorsal aspect of right arm starting 10 cm below tip of shoulder and is oblique in direction with infiltration of blood in the underlying tissue.
15. Reddish contusion of size 20 cm x 12 cm starting tip of right shoulder joint and ending 7 cm above the elbow joint with infiltration of blood in the underlying tissue.
16. Reddish tram track contusion of size 8 cm x 3 cm on dorsal aspect of right forearm obliquely placed and is 10 cm above the wrist joint with infiltration of blood in the underlying tissue.
17. Reddish tram track contusion of size 20 cm x 3 cm on dorsal aspect of left thigh starting 10 cm below left anterior superior iliac spine from the inferior border of left buttock oblique in direction with infiltration of blood in the underlying tissue.
18. Reddish tram track contusion of size 15 cm x 3 cm placed medially and 2 cm parallel to injury no.17 oblique in direction with infiltration of blood in the underlying tissue.
19. Reddish tram track contusion of size 15 cm x 3 cm placed medially and downwards which is 4 cm parallel from injury no.8 ending 7 cm above the knee joint with infiltration of blood in the underlying tissue.
20. Grazed yellowish red abrasion of size 4 cm x 1 cm present on dorsal aspect of left foot placed 2 cm above the great toe vertical in position.
21. Grazed yellowish red abrasion with blackish friction burn area on medial aspect of great toe of right foot vertical in position.
22. Avulsed lacerated wound of size 4 cm x 3 cm present on dorsal aspect of heel of right foot vertical in position with no infiltration of blood in the surrounding tissue."
Subsequent to the aforesaid occurrence, the father of the deceased, namely, Nabi Mohammad lodged a delayed F.I.R. dated 05.04.2023, which was registered as Case Crime No.0117 of 2023, under Section 302 IPC, police station Jalaun, district Jalaun. In the aforesaid F.I.R., four persons, namely, Raja Beta, Rav Shahab, Ramu (applicant herein) and Satyam have been nominated as named accused.
The gravamen of the allegations made in the first information report is to the effect that the named accused have caused death of the son of the first informant.
After aforementioned F.I.R. was lodged, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter XII CrPC. He examined the first informant and other witnesses, namely, Nabi Mohammad, Sushil Kushwaha, Manoj Kumar, Hameed, Mahboob Khan, Sabab Khan, Mohammad Raheesh Khan Mohammad Aman and recorded their statements under Section 161 CrPC.
The complicity of the present applicant in the crime in question has emerged in the statement of two of the witnesses, namely, Habib Khan and Mahboob Khan, who have stated that the present applicant was last seen in the company of Satyam who were riding on the same motorcycle whereas the deceased along with two other persons was going on another motorcycle.
Learned counsel for applicant submits that applicant is innocent. Applicant has been falsely implicated in the crime in question. It is next contended that present case is a case of circumstantial evidence and therefore, there is no eye-witness of the occurrence. No recovery has been made from the applicant either. Referring to the judgement of Supreme Court in Sharad Birdhichand Sarda Vs. State of Maharashtra (1984) 4 SCC 116, learned counsel for the applicant contends that complicity of an accused in a case based on circumstantial evidence is to be judged in the light of parameters laid down by the Apex Court in aforementioned judgement. However, up to this stage, none of the parameters laid down in the aforementioned judgement are satisfied against the present applicant. No strong motive to commit the crime has emerged against the applicant either. Co-accused Satyam Gurjar has already been enlarged on bail by this Court vide order dated 30.06.2023 passed in Criminal Misc. Bail Application No.26747 of 2023. For ready reference, the order dated 30.06.2023 is reproduced herein-under :-
"Heard Sri Ajay Sengar, learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Satyam Gurjar seeking enlargement on bail during trial in connection with Case Crime No. 0117 of 2023, under Section 302 I.P.C. registered at P.S.- Jalaun, District- Jalaun.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is a student. On the next day of the F.I.R., the informant has given an application naming the applicant and on that basis the applicant has been arrested. According to postmortem examination report, the deceased has died due to head injury but no specific role has been assigned to the applicant. The main role of causing the head injury is assigned to the co-accused Rajiv and also there is no eye witness of the alleged incident. No recovery of any incriminating articles has been made from the possession of the applicant or at his pointing out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 14.04.2023 having no criminal history.
Per contra, learned AGA for the State has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Satyam Gurjar be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy 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 not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed."
On the above premise, he submits that since the case of the present applicant is similar and identical to that of co-accused Satyam Gurjar and there is no such distinguishing feature on the basis of which the case of the present applicant can be so distinguished from aforementioned co-accused so as to deny him bail. He therefore contends that in view of above and for the facts and reasons recorded in the bail order of co-accused, referred to above, applicant is also liable to be enlarged on bail. Even otherwise, applicant is a man of clean antecedents, inasmuch as, he has no criminal history to his credit except the present one. Applicant is in jail since 14.04.2023. As such he has undergone more than four months of incarceration. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
Per contra, the learned A.G.A. has vehemently opposed the prayer for bail. He submits that since the applicant is a named as well as charge-sheeted accused therefore, he does not deserve any indulgence by this Court. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, nature and gravity of offence, evidence, complicity of the accused, accusation made and coupled with the fact that the co-accused Satyam Gurjar has already been enlarged on bail, learned A.G.A. could not point out any such circumstance distinguishing the case of the present applicant from aforementioned co-accused so as to deny him bail, except for the evidence of last seen no other evidence has emerged against the applicant up to this stage, in view of the law laid down by the Apex Court in Jabir Vs. State of Uttrakhand 2023 SCC OnLine SC 32 no conviction can be maintained on the basis of last seen, the clean antecedents of the applicant, the period of incarceration undergone, prima facie the parameters laid down in Sharad Birdhichand Sarda (supra) are not satisfied against applicant but without making any comments on the merits of the case, the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant Ramu @ Surendra Pal Singh, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 shall not seek any adjournment on the date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 24.7.2023.
Rks.