Allahabad High Court
Shubham Khorahi (Malhotra) vs State Of U.P. on 24 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9076 of 2023 Applicant :- Shubham Khorahi (Malhotra) Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Srivastava,Shivajee Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Shivajee Srivastava, learned counsel for the applicant, Sri R.P. Bhatt, learned A.G.A. for the State and perused the entire record.
The instant application for bail has been moved on behalf of the applicant, Shubham Khorahi (Malhotra) with the prayer to enlarge him on bail in F.I.R./Case Crime No.84 of 2022, under Sections 364, 302, 201, 34 I.P.C., Police Station Kotwali, District, Prayagraj, during pendency of the trial.
Learned counsel for the applicant has submitted that the innocent applicant has been falsely implicated in this case. His further submission is that initially the first information report came to be lodged against unknown accused person. The present applicant was not named in the first information report. The name of the present applicant surfaced in the statement of mother of the deceased, Smt. Renu Kesarwani recorded under Section 161 Cr.P.C. No specific role has been assigned to the present applicant even in the statements of first informant, Jitendra Kesarwani and Vinayak Kesarwani recorded under Section 161 Cr.P.C. No incriminating article or weapon of assault has been recovered from the possession or pointing out of the present applicant.
His further submission is that according to prosecution story and the evidence collected so far, the case of the co-accused, Monu Saraswat, who was allegedly having any motive, is distinguishable from the present applicant.
Learned counsel for the applicant has drawn attention of this Court to the fact that the co-accused persons, namely, Sumit Chaurasia @ Atharv Chaurasia, Komal Saraswat, who is, ofcourse, a lady, and Amit Kesharwani have already been granted bail by the coordinate Bench of this Court vide order dated 12.01.2023 passed in Criminal Misc. bail Application No.45492 of 2022 titled as Sumit Chaurasia @ Atharv Chaurasia, vide order dated 11.01.2023 passed in Criminal Misc. Bail Application No.35207 of 2022 titled as Komal Saraswat vs. State of U.P. and vide order dated 2.2.2023 passed in Criminal Misc. Bail Application No.44990 of 2022 titled as Amit Kesharwani vs. State of U.P. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 28.04.2022, who has no previous criminal history.
His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail, however, he could not dispute the aforesaid factual submission advanced by learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that initially the first information report came to be lodged against unknown accused person. The present applicant was not named in the first information report. The name of the present applicant surfaced in the statement of mother of the deceased, Smt. Renu Kesarwani recorded under Section 161 Cr.P.C. No specific role has been assigned to the present applicant even in the statements of first informant, Jitendra Kesarwani and Vinayak Kesarwani recorded under Section 161 Cr.P.C. No incriminating article or weapon of assault has been recovered from the possession or pointing out of the present applicant.
It also transpires that the co-accused persons, namely, Sumit Chaurasia @ Atharv Chaurasia, Komal Saraswat, who is, ofcourse, a lady, and Amit Kesharwani have already been granted bail by the coordinate Bench of this Court vide order dated 12.01.2023 passed in Criminal Misc. bail Application No.45492 of 2022 titled as Sumit Chaurasia @ Atharv Chaurasia, vide order dated 11.01.2023 passed in Criminal Misc. Bail Application No.35207 of 2022 titled as Komal Saraswat vs. State of U.P. and vide order dated 2.2.2023 passed in Criminal Misc. Bail Application No.44990 of 2022 titled as Amit Kesharwani vs. State of U.P. The present applicant is languishing in jail since 28.04.2022, who has no previous criminal history Thus, having regard to the overall facts and circumstances this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.
Let the applicant, Shubham Khorahi (Malhotra) be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment;
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;
4. 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 him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;
6. 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, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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.
The learned trial Court is directed to proceed with the trial of the aforesaid case and conclude the same with utmost expedition, in accordance with law, without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant bail application.
Order Date :- 24.2.2023 A.Dewal