Sajan Kannojiya v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -45686 of 2023 Applicant :-Sajan Kannojiya Opposite Party :-State of U.P. Counsel for Applicant :-Deepraj Singh,A Kumar Srivastava,Aakansha Singh Chandraul Counsel for Opposite Party :-G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant; Sri Sri Karunesh Pratap Singh as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Sajan Kannojiya, with a prayer to release him on bail in Case Crime No. 562 of 2023, under Sections-147, 148, 149, 302, 323, 504 and 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station-Barhalganj, District-Gorakhpur, during pendency of trial. There is allegation against the applicant that on 26.07.2023 at about 7:00 am, when he was at his house, Sunil Yadav, Arvind Yadav, Ram Nath Yadav, sons of Jawahir Yadav, and Rajesh, Arvind and Govind, sons of Rajesh, Monu Yadav, son of Jawahar and five other unknown accused with common intention came and after abusing started beating them and fired on the father of informant, Raj Kishore, who died on the spot. The uncle of informant, Arvind and brother, Surya Prakash, also suffered serious injuries. Learned counsel for the applicant has submitted that applicant was not named in FIR. The grandfather of informant gave an application to the police on 26.07.2023 wherein name of applicant and ten more persons were disclosed regarding their involvement in this case. The applicant was arrested on 29.07.2023 and send to jail. He has submitted that there is CCTV footage collected by the investigating officer, but applicant is only seen therein and his participation is not evident. He has further submitted that applicant has not been assigned any role by any of the witness in the alleged incident. At the time of incident number of persons were gathered on the place of incident and applicant was one of them. He is residents of different village situated at twenty kilometers away from the village of the informant. He was passing by on his motorcycle from the village and the incident took place. The deceased belongs to scheduled caste and the applicant also belongs to scheduled caste. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 29.07.2023. The trial in the aforesaid case is not likely to be concluded in near future. Learned A.G.A. and learned counsel for informant have vehemently 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 deserves any indulgence. In case the applicant is released on bail, she will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code.

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 6.11.2023 Abhishek High Court of Judicature at Allahabad