Rocky Alias Anil v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48258 of 2023 Applicant :- Rocky Alias Anil Opposite Party :- State of U.P. Counsel for Applicant :- Jawad Tariq Counsel for Opposite Party :- G.A.,Dharmendra Kumar Mishra,Rajeev Singh Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri D. K. Mishra, Advocate, has filed his vakalatnama on behalf of informant, 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 informant and perused the record.

¶3Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that applicant is named in the F.I.R. along with three other persons who are his family members. Learned counsel for the applicant further submits that as per version of the F.I.R. on the date of incident after noon the son of the informant aged about 09 years went to graze the cattle but did not return and on search her dead body was found dead due to electric shock caused due to electric wire rounded up in the field of the father of the applicant. Learned counsel for the applicant further submits that in the F.I.R. it has also been stated by the informant that in the morning of the same day the accused persons named in the F.I.R. also abused the informant and threatened her. Learned counsel for the applicant further submits that in her statement recorded under Section 161 Cr.P.C. the informant repeated the same version of the F.I.R. and made allegation against the father of the applicant, but has not made any allegation against the applicant regarding murder of her son but has only stated that prior to the incident on the same day the applicant and other accused persons abused her. Learned counsel for the applicant further submits that in the postmortem of the deceased five injuries of electric shock were found and his cause of death was found to be due to shock as a result of ante mortem electric shock. Learned counsel for the applicant further submits that as per the version of F.I.R. and as per the statement of the informant and other witnesses, main role has been assigned to the co-accused, Devendra, who is father of the applicant, for rounding up of electric wire in the field of Devendra by him, thus, applicant has falsely been implicated in the case with general allegations without assigning any specific role to him. 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 03.10.2023, having no criminal history.

¶4Per 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 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 and distinguishing the case of co-accused Lavkush with the case of applicant, 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-Rocky Alias Anil, involved in Case Crime No. 0165 of 2023, under Sections 304, 504, 506, 201 I.P.C., Police Station Nagla Singhi, District Firozabad, 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 :- 21.11.2023 Mustaqeem. High Court of Judicature at Allahabad