Ramveer Singh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31353 of 2023 Applicant :- Ramveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sumer Chaudhary,Sarthak Singh Counsel for Opposite Party :- G.A.,Yogesh Kumar Tiwari Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.

¶2This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ramveer Singh, seeking enlargement on bail during trial in Case Crime No. 261 of 2022, under Sections 323, 324, 325, 307, 302 read with 34 I.P.C., P.S. Atrauli, District Aligarh.

¶3The first bail application of the applicant has been rejected by this Court vide order dated 09.02.2023 passed in Criminal Misc. Bail Application No. 2342 of 2023.

¶4Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case due to enmity and village rivalry. Learned counsel for the applicant further submits that after the first bail application of the applicant was rejected by this Court vide order dated 09.02.2023, the statement of injured, Savitri Devi, who is also the mother of the deceased, Vineet, has appeared before the trial court as P.W.2 where her statement was recorded and according to her statement the role assigned to the applicant was having danda by which he assaulted the deceased. In the incident deceased has received as many as 15 injuries and as per the postmortem report of the deceased the first injury was caused by spade on the vital part of the deceased, which has been assigned by the P.W.2 to the co-accused, Nimesh. Thus, P.W.2 in her statement recorded before the trial court has assigned specific role of causing injury on the vital part of the deceased to the co-accused, Nimesh, which resulted into death of the victim/ deceased. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 14.03.2023, having no criminal history.

¶5Per contra, learned A.G.A. as well as learned counsel for the informant have 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 deserve any indulgence.

¶6After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶7Let applicant-Ramveer Singh, involved in Case Crime No. 261 of 2022, under Sections 323, 324, 325, 307, 302 read with 34 I.P.C., P.S. Atrauli, District Aligarh, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

(v) 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 and the trial court may proceed against him under Section 229-A IPC.

¶8The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶9The bail application is allowed. Order Date :- 18.10.2023 Mustaqeem. High Court of Judicature at Allahabad