Kaushal Kumar v. State of U.P. and 3 Others

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57902 of 2022 Applicant :- Kaushal Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Narayan Singh,Rajiv Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised. The pleadings have been exchanged between the parties.

¶2Heard Sri Satyendra Narayan Singh, learned counsel for the applicant as well as Sri Yogesh Mishra, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 844 of 2022, U/S 323, 354D, 307 IPC and 7/8 POCSO Act, 2012, Police Station Kwarsi, District Aligarh, during the pendency of trial.

¶4As per prosecution story, in the night of 29.8.2022, when the informant was returning from market to her house, she was intercepted by the applicant and petrol was sprinkled on her, thereby an attempt was made by the applicant to set her afire, but on her raising of alarm, various persons rushed to the place as such, the applicant ran away.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the bare perusal of the FIR indicates that no fire has been put to the injured person, as such, there is no possibility of the victim sustaining any fire injury. It is next stated that the injury report, which has been filed as Annexure-4 to the affidavit, there are two fire injuries sustained by the victim at the back side of the chest on the right side, which are superficial and small sized. Thus, the injuries are not grievous in nature, as has been opined by the doctor.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 30.8.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant.

¶8Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Kaushal Kumar, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) 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.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) 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 IPC.

(iv) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 13.10.2023\Shalini High Court of Judicature at Allahabad