Allahabad High Court
Rinku vs State Of U.P. on 26 July, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:149140 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21452 of 2023 Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Mishra,Ashish Kumar Mishra Counsel for Opposite Party :- G.A.,Devesh Kumar Shukla,Dharmesh Kumar Shukla Hon'ble Raj Beer Singh,J.
1. Heard Sri Dileep Kumar, learned Senior Advocate, assisted by Sri Shashi Bhushan Mishra, learned counsel for the applicant, Shri Devesh Kumar Shukla and Shri Dharmesh Kumar Shukla, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
2. The present second bail application has been filed by the applicant in Case Crime No. 456 of 2022, under Sections 115 read with 302, 120-B, 386, 506 IPC, P.S. Khair, District Aligarh, with the prayer to enlarge the applicant on bail. First bail application of the applicant has been dismissed as withdrawn vide order dated 20.03.2023 passed in Criminal Misc. Bail Application No. 56745/2022.
3. Facts in brief of the matter are that on 13.04.2018, one Sheetal Gangal has lodged first information report under Section 302 IPC against two unknown persons, alleging that on 12.04.2018, two unknown persons have committed murder of his father Vijay Kumar Gangal. After investigation, charge-sheet was submitted against Manish @ Kishan and Abhishek. Thereafter, the informant of this case, namely, Pramod Gaur has lodged first information report of this case on 27.08.2022, under Section 506 IPC, alleging that he has made complaints against co-accused Sanjeev Kumar Agrawal @ Bintoo, the then Chairman, 'Nagar Palika Parishad', Khair, regarding illegal change of land use and regarding other matters pertaining to public land. Due to these complaints, the said co-accused along with some other accused persons hatched a conspiracy for murder of informant and a gang was hired for that purpose. It was alleged that on 12.04.2018 some miscreants have come to commit murder of informant, but mistakenly they have committed murder of Vijay Kumar Gangal. This FIR was registered on 27.08.2022 under Section 506 IPC. After investigation, police have submitted charge-sheet against applicant for offence under Section 115 read with Section 302/120-B/386/506 IPC.
4. Sri Dileep Kumar, learned Senior Advocate, appearing on behalf of applicant/accused, submitted that applicant/accused is innocent and he has not committed any offence. The applicant/accused was not named in the earlier first information report, which was registered on 13.04.2018, regarding murder of Vijay Kumar Gangal. The allegation that in that incident, the miscreants have come to commit murder of informant and that murder of said Vijay Kumar was committed by mistake, is baseless and thoroughly unreliable. The first information report of this case was registered under Section 506 IPC and that the submission of charge-sheet submitted under Section 115 read with 302/120-B/386/506 IPC, is thoroughly misconceived and without any evidence. No case under Section 115 read with Section 302/120-B/386/506 IPC is made out against the applicant. Learned Senior counsel further submitted that if applicant/accused was having any complicity in the incident, which took place on 12.04.2018, wherein said Vijay Kumar Gangal was murdered, the proper course was to invoke the provisions of Section 319 Cr.P.C. in the trial of that matter. The submission of instant charge-sheet regarding that incident dated 12.04.2018 is against the provisions of law. Only general and vague allegations have been levelled that applicant and co-accused persons have hatched a conspiracy for murder of informant and that absolutely no case of abetment, as prescribed under Section 115 IPC, is made out against the applicant. There is absolutely no material or even allegations to make out a case of conspiracy or abetment against the applicant. Learned counsel has referred the statement of witnesses, recorded during investigation, and also referred the statement of accused persons and submitted that there is no material so as to make out a case for offences under Section 115 read with 302/120-B/386/506 IPC against the applicant. The submission of charge-sheet under Section 115 read with 302/120-B/386/506 IPC and the consequent proceedings are nothing but gross abuse of the process of law and the procedure adopted is absolutely foreign to the well established principles of criminal law. It was submitted that criminal history of some cases, shown against the applicant, has duly been explained. Lastly, it is submitted that the applicant is languishing in jail since 31.08.2022, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
5. Learned counsel for informant, as well as learned A.G.A. have strongly opposed the prayer for bail and submitted that there is evidence to show that applicant has conspired with co-accused persons for commission of murder of informant. There is material to indicate that on 12.04.2018 the miscreants have come with intention to commit murder of informant of this case but mistakenly they have committed murder of above referred Vijay Kumar Gangal. Later on evidence was collected to show that applicant/accused was involved in conspiracy to commit murder of informant. Learned counsel has referred the statement of co-accused persons and submitted that their statements clearly show that how the conspiracy to commit murder of informant was hatched and that the deal for commission of murder of informant was finalized against Rs. 50 lakhs. All the ingredients of Section 115 read with 302/120-B/386/506 IPC are made out against the applicant. Referring to statements of witnesses and other material collected during investigation, it was submitted that there are serious allegations against the applicant and he has criminal history and in view of all these facts, applicant is not entitled for bail.
6. I have considered the rival submissions and perused the record.
7. In the instant matter, the case of prosecution is that the accused persons have abetted the applicant for committing murder of informant and that on 12.04.2018, the shooters came to commit murder of informant but mistakenly, they have committed murder of one Vijay Kumar Gangal, regarding which a first information report was lodged by one Shital Gangal and in that matter, charge-sheet has already been submitted. As per prosecution version, applicant/accused was also involved in the conspiracy of committing murder of informant and for that purpose an amount of Rs. 50 lakhs was paid by the co-accused. The applicant is not not named in the first information report. It is not disputed that in the alleged incident of 12.04.2018, neither any attempt was made to commit murder of informant nor any harm was caused to him. After four years of said incident, the first information report of the instant case was lodged under Section 506 IPC and after investigation charge-sheet has been submitted under Section 115 read with Section 302/120-B/386/506 IPC. The case of applicant is that in view of above stated facts and circumstances, the submission of charge-sheet under Section 115 read with Section 302/120-B/386/506 IPC is nothing but gross abuse of the process of law. This Court is refraining from expressing any opinion on merits of the matter, lest it may affect the trial of the case but a case for bail is made out. It is further submitted that similarly placed co-accused Sanjeev Kumar Agrawal @ Bintoo has already been granted bail by this Court vide order dated 01.05.2023, passed in Criminal Misc. Bail Application No. 48730/2022. Considering all attending facts and circumstances of the case and the relevant provisions of law, this Court is of the considered view that a case for bail is made out. Hence, the bail application is hereby allowed.
8. Let the applicant-Rinku, involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:
(i). The applicant shall not tamper with the evidence during the trial.
(ii). The applicant shall not pressurize/ intimidate the prosecution witness.
(iii). The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.7.2023 Suraj