Ramvinay v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45815 of 2023 Applicant :- Ramvinay Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Lavlesh Shukla, Advocate, has filed his vakalatnama on behalf of informant/ complainant, which is taken on record.

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

¶3It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that initially on 16.07.2023 an application was moved by the complainant before the concerned police station stating therein that on 14.07.2023 at about 6:00 p.m. his nephew went to market but did not return, on

15.07.2023 he made his search along with Village Pradhan and other villagers, but he was found nowhere and today his dead body is found in Molnapur Pokhari. Thereafter, a first information report was lodged by the complainant on 20.07.2023 under Section 304, 201 I.P.C. against Prahlad Chauhan, Sonu Yadav and one unknown person, in which name of applicant does not find place. In the F.I.R. the complainant has stated that he has a house in Village Guwai, in which two rooms have been taken by Prahlad Chauhan on rent, from his house Prahlad Chauhan has given electricity connection to some other persons illegally, on this information received by his son he went with the applicant on 14.07.2023 at about 6:00 p.m. to the said house at Village Guwai, where a dispute arose thereafter Prahlad Chauhan and Sonu Yadav along with their associates assaulted his son and get him disappeared, thereafter, the dead body of his son was found on 16.07.2023 at 7:00 a.m. at Village Molanpur Pokhari and a video was also made of this incident by the assailants. Learned counsel for the applicant further submits that though there is a last seen evidence against the applicant, but there is no motive with him for committing the offence. The deceased went with the applicant, where three assailants assaulted the victim. Learned counsel for the applicant further submits that the Investigating Officer took the pen drive from the nephew of complainant, namely, Dinesh and wherein it was found that deceased was assaulted by the accused, Prahlad Chauhan, Sonu Yadav and the applicant. Learned counsel for the applicant further submits that statements of complainant and other witnesses were also recorded by the Investigating Officer, wherein several contradictions are there. Learned counsel for the applicant further submits that in the postmortem examination of the deceased only one injury in the shape of contusion of size 11.0 c.m. x 9.0 c.m. on right side of temporal bone 8.0 c.m. above right ear was found, and as per the case of prosecution there are three assailants and only one injury was found on the person of the deceased, therefore, it could not be ascertained who cause fatal injury to the deceased which resulted into his death. Thus, applicant has falsely been implicated in the present case. 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 22.07.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as the learned counsel for the complainant 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.

¶5After 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.

¶6Let applicant-Ramvinay, involved in Case Crime No.180 of 2023, under Sections 302, 201 I.P.C., Police Station Didarganj, 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.

¶7The 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.

¶8The bail application is allowed. Order Date :- 31.10.2023 Mustaqeem. High Court of Judicature at Allahabad