Haribhan Alias Chhotu v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41585 of 2023 Applicant :- Haribhan Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A.,Sanjay Singh Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Sanjay Singh, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Haribhan Alias Chhotu, seeking enlargement on bail during trial in connection with Case Crime No. 77 of 2023, under Sections 147, 148, 149, 323, 308, 452, 336, 302, 324, 120-B I.P.C., registered at Police Station Iradat Nagar, District Agra.

¶4The FIR of the matter was lodged on 07.07.2023 at about 10:16 hours by Rameshwar Prasad against the applicant and eight other persons alleging therein that in the morning on 07.07.2023 Kali Charan Parihar came to him and stated that due to pit of manure, the dampness is setting in his house and told him to get it with soil. Shiv Ram opposed the the same for doing it and the named accused persons then armed with lathi, danda and saria came there and resorted to assault in which Rajveer Singh, Bablu, Rajesh, Kishan Singh and the first informant Rameshwar Prasad received injuries. Rajveer Singh received injuries on his head due to which he became unconscious who was taken to G.R. Hospital and admitted there. The FIR was lodged under Sections 147, 148, 149, 323, 308 IPC.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that during treatment subsequently Rajveer Singh died then in the matter Section 302 IPC was added. It is argued that the present case has a cross version also of which a First Information Report was lodged on the basis of an application under Section 156(3) Cr.P.C. moved by Rakesh against Rameshwar, Naresh, Mahaveer, Rajesh, Saurabh, Kishan Singh, Rajveer, Babulal, Raghunath and Manish as Case Crime No. 0135 of 2023 under Sections 147, 148, 149, 323, 452, 307, 336 IPC, P.S. Iradat Nagar, District Agra in which Ram Kishre, Rajendra, Shivram and Badan Singh have received injuries. It is argued that in so far as the First Information Report of the present case is concerned, there is no disclosure of time of the occurrence. It is argued that even the First Information Report is silent regarding the factum of receiving injuries from the side of the applicant. He further argued that the applicant has no criminal history as stated in para 29 of the affidavit and is in jail since

08.07.2023.

¶6Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and has been assigned role along with other co-accused persons of assault upon the deceased and injured persons.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the present case having a cross version of which a First Information Report has also been lodged on the basis of an application under Section 156(3) Cr.P.C. Both the sides have received injuries in which one person from the prosecution side has died.

¶8Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶9Let the applicant Haribhan Alias Chhotu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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 and send the applicant to prison.

¶11The bail application is allowed. Order Date :- 28.10.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad