Badam Singh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48898 of 2023 Applicant :- Badam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder 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 the 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 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. Learned counsel for the applicant further submits that during treatment subsequently Rajveer Singh died then in the matter Section 302 IPC was added. Learned counsel for the applicant further submits 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 Kishore, 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. Learned counsel for the applicant further submits that general role of assaulting the deceased and injured persons by lathi-danda and iron rod has been assigned to all the accused persons including the applicant who are nine in number and no specific role and also no specific weapon has been assigned to the applicant and general role has been assigned to all the accused persons in the F.I.R. as well as in the statements of injured persons. Learned counsel for the applicant further submits that one co-accused, Haribhan alias Chhotu, who was also named in the F.I.R. has already been granted bail by a coordinate Bench of this Court vide order dated

28.10.2023 passed in Criminal Misc. Bail Application No. 41585 of 20223 and the case of applicant is not on the worse footing than that of the aforesaid co-accused, therefore, applicant is also entitled to be enlarged on bail on the ground of parity. 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 16.07.2023, having no criminal history.

¶3Per 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 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, therefore, he does not deserve any indulgence.

¶4After 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.

¶5Let applicant-Badam Singh, involved in Case Crime No. 77 of 2023, under Sections 147, 148, 149, 323, 324, 452, 336, 302 I.P.C., Police Station Iradatnagar, District Agra, 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.

¶6The 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.

¶7The bail application is allowed. Order Date :- 17.11.2023 Mustaqeem. High Court of Judicature at Allahabad