Abhishek @ Khurre v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50606 of 2021 Applicant :- Abhishek @ Khurre Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Verma,Manish Chand Umrao,P.K. Singh,Rajpal Singh,Siya Ram Verma Counsel for Opposite Party :- G.A.,Rohit Nandan Singh Hon'ble Dr. Gautam Chowdhary,J.

¶1Case called out in the revised list. Shri Rohit Nandan Singh, the learned counsel for the informant has sent illness slip today.

¶2Shri P. K. Singh, learned counsel for the applicant submits that on earlier occasion learned counsel for the informant has also sent his illness slip and it appears that he is not interested to argue the matter, therefore, the case be heard on merits.

¶3Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶4Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that F.I.R. was lodged by the complainant against the applicant and one unknown person alleging therein that on 06.09.2021 one Shivam took her son namely Raghvendra Singh to attend a function of Bhandara at Village Lohari, where an altercation took place between the applicant and Shiv Singh and Ranveer Singh, the son of applicant and Shivam asked the applicant to make complaint before the police upon which applicant threatened them, thereafter when son of complainant along with Shivam were coming on a motorcycle from Lohari to Sarvankheda, then in the midway the applicant with intention to kill them hit his car to the said motorcycle from behind upon which son of the complainant and Shivam fallen down and sustained injuries, thereafter, the applicant after reversing his car again hit both the persons by his car, thereafter both the injured persons were took to the Hospital, where doctor declared his son dead. Learned counsel for the applicant further submits that though the Investigating Officer recorded statements of several witnesses including the complainant but they were not the eye witness of the alleged incident, and only on the basis of hearsay the applicant has falsely been implicated in the case. Learned counsel for the applicant further submits that the Investigating Officer could not record the statement of other injured Shivam as he was not in a position to give any statement. Learned counsel for the applicant further submits that the alleged vehicle does not belong to the applicant and no motive has been assigned by the prosecution for the applicant in the commission of said offence, it appears that it is a case of an accident, and applicant has falsely been implicated in the case. 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 14.09.2021, having no criminal history.

¶5Per 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.

¶6After 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.

¶7Let applicant-Abhishek @ Khurre, involved in Case Crime No. 196 of 2021, under Sections 302, 307 I.P.C., Police Station Gajner, District Kanpur Dehat, 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.

¶8The 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.

¶9The bail application is allowed. Order Date :- 22.11.2023 Mustaqeem. High Court of Judicature at Allahabad