Allahabad High Court
Satendra vs State Of U.P. on 3 March, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6438 of 2020 Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Satendra, with a prayer to release him on bail in Case Crime No.76 of 2019, under Section 302 IPC, Police Station Mohammadabad, District- Farrukhabad, during pendency of trial.
Allegation against the applicant is of exhortation. The main role of firing has been assigned to co-accused, Neetu. The applicant alleges false implication. The applicant has no criminal history to his credit and he is languishing in jail since 13.11.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Regarding the role of exhortation assigned to the accuseds it has been found that it is a week type of evidence as held by the Apex Court in the case of Jail Haque vs. State of Bihar, 1974 AIR SC 0-45. The Apex Court has held in the above noted case that eye-witnesses are prone to exaggerate thing and to involve as many accuseds as possible. The evidence exhortation is, in very nature of things, a week piece of evidence. There is quite often tendency to implicate some persons, in addition to the actual assailants by attributing to that person role of exhortation to the assailants to assault the victim. Unless the evidence in this respect is clear, cogent and reliable no conviction for abetment can be recorded against the person assigned the role of exhortation.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.3.2020 Ruchi Agrahari