Guddu Ram v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53526 of 2022 Applicant :- Guddu Ram Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

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

¶2Learned counsel for the applicant submits that initially F.I.R. was lodged under Sections 307, 504 I.P.C. by the complainant who is also mother of the accused/ applicant that on 14.11.2021 came to the house in drunken condition and started abusing to all of his family members, when all the persons tried to refrain him from abusing he took stones and bricks in his hands and when husband of the complainant tried to stop the accused-applicant, he assaulted him with stones and bricks on account of which husband of the complainant severe injuries, thereafter, the applicant also tried to assault the family members of the complainant with knife. Learned counsel for the applicant further submits that the complainant in her statement recorded under Section 161 Cr.P.C. has repeated almost the same version of the F.I.R. Other witnesses have also given their statements before the police wherein they made similar allegations against the applicant with several contradictions.

¶3Learned counsel for the applicant further submits that the victim was medically examined and two injuries were found on her skull. Learned counsel for the applicant further submits that postmortem of the deceased was also conducted and cause of death was found to be as a result of ante mortem head injuries.

¶4Learned counsel for the applicant further submits that the complainant who is wife of the deceased and mother of the applicant has recorded her statement before the court below on

19.04.2023, wherein she has stated that her son has not came on the date of incident and no such incident took place on that date, her husband was a cobbler and on the date of incident he has not came into the house and was slept in his shop situated at the market where he sustained injuries, his son has not assaulted her. Thus, learned counsel for the applicant submits that the complainant has turned hostile. 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 16.11.2021, having no criminal history.

¶5Per contra, learned A.G.A. has 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-Guddu Ram, involved in Case Crime No. 285 of 2021, under Sections 504, 304 I.P.C., Police Station Sidhari, District Azamgarh, 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 :- 19.10.2023 Mustaqeem. High Court of Judicature at Allahabad