Rakesh Kumar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47889 of 2023 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard learned counsel for the applicant as well as Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 233 of 2023, U/S 323, 324, 325, 307, 504, 506 IPC, Police Station Seeshgarh, District Bareilly, during the pendency of trial.

¶4As per prosecution story, the applicant, who happens to be the brother-in-law of the co-accused person Suresh, alongwith other co-accused persons is stated to have reached the petrol pump at Bahedhi Road, Maanpur, and the co-accused person Nisha is stated to have demanded Rs. 10 lakhs from him. On showing his inability to pay such amount, all the co-accused persons are stated to have assaulted him causing grievous injuries to him on 29.7.2023 at about 1.00 pm.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has next stated that there are general allegations against all the co-accused persons, except Suresh, who has been assigned the role of assaulting with a sharp-edged weapon. The applicant is not an author of any grievous injury sustained by the injured person. It is next stated that the case of the applicant is at a different footing to the main accused person Suresh Kumar.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since

14.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application on the ground that the injured person has sustained fracture on his left frontal bone and there is evidence of left frontal craniotomy conducted on him. Learned A.G.A. has further stated that the injuries were dangerous to his life, as such, the applicant is not entitled for bail.

¶8Taking into consideration that the role of the applicant stands at a different footing to that of Suresh, as there are general allegations regarding other accused persons, coupled with the fact that the applicant has no criminal history and also keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Rakesh Kumar who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 21.11.2023 Shalini High Court of Judicature at Allahabad