Surjeet v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59119 of 2022 Applicant :- Surjeet Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha),Damodar Singh,Devendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that as per the allegations in the first information report it is alleged that the applicant has fired on Vipin Kumar, Ravi Kumar and Dilip. He has drawn attention of this Court to the injuries suffered by injured Vipin Kumar, which is at page 21 of the paper book which shows that he has suffered two injuries which are blackening. The injuries suffered by Ravi Kumar is at page 23 and he suffered three injuries, which are blackening and tattooing. The injured Dilip has suffered injuries which are abrasion. As per the statement of the injured Vipin Kumar the applicant has fired on the injured in the state of intoxication and under that misconception that the injured are the persons who had a fight with the brother of the applicant. The applicant has no intention to commit culpable homicide. At the best, the offence under Section 308 would be made out against the applicant. The doctor concerned has not stated that the injuries sustained by the injured were life threatening. The applicant has no criminal history. Applicant is languishing in jail since 26.10.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶5Learned AGA has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶6It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶7The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC

¶51Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the Applicant.

¶8No material, facts or circumstances has been shown by learned AGA that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶9It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶10Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 10A. that as per the allegations in the first information report it is alleged that the applicant has fired on Vipin Kumar, Ravi Kumar and Dilip. The injuries suffered by injured Vipin Kumar, which is at page 21 of the paper book shows that injured suffered two injuries which are blackening. The injuries suffered by Ravi Kumar is at page 23 and he suffered three injuries, which are blackening and tattooing. The injured Dilip has suffered injuries which are abrasion. As per the statement of the injured Vipin Kumar the applicant has fired on the injured in the state of intoxication and under that misconception that the injured are the persons who had a fight with the brother of the applicant. The applicant has no intention to commit culpable homicide. At the best, the offence under Section 308 would be made out against the applicant. The doctor concerned has not stated that the injuries sustained by the injured were life threatening. The applicant has no criminal history. Applicant is languishing in jail since 26.10.2022.

¶11Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶12Let the applicant Surjeet involved in Case Crime No.321 of 2022, under Sections 307, 504 I.P.C., Police Station Aliganj, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.

¶13In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.10.2023 Bhaskar High Court of Judicature at Allahabad