Bijay Pal v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44705 of 2022 Applicant :- Bijay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav 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 as per the version of the F.I.R. on 24.06.2022 at about 7:00 p.m. when the son of complainant went to ask for money regarding his labour work, on the way some quarrel took place with the accused persons, on account of which the accused persons entered into the house of complainant and assaulted her son by lathi-danda, bricks and stones, on account of which he sustained grievous injuries and thereafter they fled away from the spot and after the incident the complainant took her son to the Government Hospital, where he was referred to District Hospital, Kannauj, thereafter he was referred to Medical College, Kanpur and on the way he died. Learned counsel for the applicant further submits that in the postmortem of the deceased eight injuries were found and his cause of death was found to be shock due to ante mortem injuries. Learned counsel for the applicant further submits that out of eight injuries found on the person of the deceased, only one injury is fatal and other injuries are simple in nature and are on the non vital part of the body of the deceased. Learned counsel for the applicant further submits that in the F.I.R. the complainant has also stated that the said incident was witnessed by several persons present at the spot and one Sushila also tried to save the son of complainant. Learned counsel for the applicant further submits that the complainant in her statement recorded under Section 161 Cr.P.C. has repeated the same version of the F.I.R. Learned counsel for the applicant further submits that there is no specific allegation against the applicant and general allegations have been made against all the accused persons for assaulting the deceased by lathi-danda, bricks and stones made in the F.I.R. as well as in the statement recorded under Section 161 Cr.P.C. of the alleged eye witness, namely, Sushila, which statement has been filed by the learned A.G.A. as Annexure-1 to the affidavit of compliance dated

20.02.2023. Learned counsel for the applicant further submits that there is no recovery of alleged weapon, i.e., lathi-danda from the possession of applicant or on his the pointing out, thus, applicant has falsely been implicated in the case with malafide intention. 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 27.06.2022, having no criminal history.

¶3Per 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.

¶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-Bijay Pal, involved in Case Crime No. 430 of 2022, under Sections 452, 304, 506 I.P.C., Police Station Kotwali Kannauj, District Kannauj, 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 :- 20.11.2023 Mustaqeem. High Court of Judicature at Allahabad