Allahabad High Court
Chandrabhan Singh (Second Bail ... vs State Of U.P. on 13 October, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 11312 of 2019 Applicant :- Chandrabhan Singh (Second Bail Application) Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant 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 F.I.R. No.97 of 2018, under Sections 307, 504, 506 I.P.C., Police Station Fatanpur, District Pratapgarh with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and he is in jail since 16.10.2018.
It is further submitted on behalf of the applicant that it is second bail application of applicant and the first bail application No.651 of 2019 was rejected by this Court on 30.04.2019 with direction to the trial court that trial of the case shall be concluded expeditiously without granting unnecessary adjournments to the parties within six months and it was also provided that if the trial of the case is not concluded within six months, the applicant may renew his prayer for bail, after six months before the appropriate Court. He further submitted that the directions issued by this Court on 30.04.2019 in the aforesaid bail application was not complied with. The present bail application was filed before this Court and vide order dated 24.01.2020, it was directed that this case shall not be treated as tied up or part heard to Hon'ble Mohd. Faiz Alam Khan, J., therefore, the same is listed today before this Bench.
Learned counsel for the applicant has further submitted that due to some dispute, family of the applicant and informant are inimical to each other and 2 N.C.R.'s were lodged by the informant's side against the applicant and other co-accused persons and till date, no notice/summon has been served upon the applicant for investigation of the case. He further submitted that the applicant is running a fair price shop and on the behest of the informant's side, the case under E.C. Act was registered against him, in which he is on bail.
Learned counsel for the applicant has further submitted that on 14.07.2018 at about 06:30 p.m., informant along with the other associates came to the house of applicant and started abusing and also opened fired on the son of applicant, then he ran inside the house and closed the door, thereafter, the informant and his other associates set the motorcycle of the applicant on fire, which was standing outside the house and also damaged the household articles, then the applicant opened a fire in his self-defence. He further submitted that on the written application of the wife of applicant, F.I.R. No.0102, under Sections 147, 148, 149, 307, 504, 506, 435, 380, 427 I.P.C., P.S. Fatanpur, District Pratapgarh was registered on 18.07.2018 at 21:40 hours against the four named and some other unknown persons. He further submitted that after the investigation, the charge sheet was filed against the informant of the present case and other co-accused persons, under Sections 504, 506, 427 I.P.C., meaning thereby that incident was admitted by the prosecution.
Learned counsel for the applicant has further submitted that in the alleged incident, applicant opened fire for his self defence as provided under Section 103 I.P.C., as a result, the accused persons received injuries and on the basis of exaggerated and concocted facts, the F.I.R. was lodged by Arvind Singh against the applicant and other family members, which was registered as F.I.R. No.97 of 2018, under Sections 307, 504, 506 I.P.C., P.S. Fatanpur, District Pratapgarh on 15.07.2018. He further submitted that as the Jeet Lal was present at the time of incident, received injuries, therefore, the F.I.R. of the present complaint was lodged on 15.07.2018 at 22:16 hours and the date of incident was shown on 14.07.2018 at 18:30 hours.
Learned counsel for the applicant has further submitted that the applicant is in jail since 16.10.2018 and the trial is pending since then and he also relied on the order sheet (appended as annexure No.2 to the bail application) and submitted that despite the direction of this Court, not even a single witness of the prosecution is examined before the trial court. 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. has opposed the prayer for grant of bail to the applicant and submitted that 23 injuries are found on the body of the injured Jeet Lal, therefore, the applicant is not entitled for bail, but he conceded the fact that the F.I.R. was also lodged by the wife of the applicant against the Jeet Lal and other accused persons and the charge sheet was filed against them under Sections 504, 506, 427 I.P.C.
Considering the arguments of the learned counsel for the applicant as well as learned A.G.A. and going through the F.I.R. of wife of the applicant and the complainant of the present case, directions given by this Court as well as totality of fact and circumstances and 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 - Chandrabhan Singh - be released on bail in aforesaid Case Crime, on his furnishing personal bond of Rs.5,00,000/- and two reliable sureties each of the said amount to the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant 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) Applicant 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 :- 13.10.2020 S. Shivhare