Allahabad High Court
Babulal vs State Of U.P. on 9 August, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27761 of 2021 Applicant :- Babulal Opposite Party :- State of U.P. Counsel for Applicant :- Shashwat Kishore Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Shashwat Kishore Chaturvedi, learned counsel for the applicant and Sri Sanjay Singh, 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-Babulal, seeking enlargement on bail during trial in connection with Case Crime No.166 of 2021, under Section 341, 326-A, 504 I.P.C., registered at Police Station Nawabad, District Jhansi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the role assigned to the applicant as per FIR is of exhortation only whereas the main role of throwing acid upon the injured is assigned to co-accused Deepak. While placing annexure no.1 to the supplementary affidavit, the injured Suresh Kushwaha stated that he could not see that in whose hands the acid was there and whether it was in a bottle or in utensil. Even otherwise the role of the applicant is distinguishable with that of co-accused Deepak who has been assigned the main role of throwing acid upon the father of the first informant. The criminal history of the applicant has been disclosed and explained in para 14 of the affidavit. The applicant is in jail since 29.05.2021.
Per contra learned A.G.A. has opposed the prayer for bail and argued that in the FIR main role of throwing acid has been assigned to co-accused Deepak whereas the statement of the injured could not be disputed.
After hearing the counsel for the parties and perusing the record, it is apparent that the role assigned to the applicant is of exhortation only as stated in the FIR. Main role of throwing the acid upon the injured is on co-accused Deepak. The injured in his statement has not assigned any role to any of the accused.
Looking to 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-Babulal, be released on bail in the aforesaid case crime number on 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 9.8.2021 Gaurav