Ramanand v. State of UP

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51048 of 2023 Applicant :- Ramanand Opposite Party :- State Of Up. Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that as per the allegations in the First Information Report it is alleged that unknown persons have entered into the house and committed robbery. Learned counsel for the applicant submits that applicant was not named in the First Information Report. Subsequently name of the applicant has come up in the confessional statement of the co-accused person. There is no other evidence linking the applicant with the alleged crime. Learned counsel for the applicant further submits that the First Information Report is of the year 1985. However since the case was transferred to the other district after formation of the new district and there is a dispute with regard to the court in which the matter would come up, the applicant could not appear. Learned counsel for the applicant undertakes that the applicant will participate in the trial court proceedings and shall not seek any unnecessary adjournment. The applicant has no criminal history. Applicant is languishing in jail since 17.08.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶5Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶6It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶7The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC

¶51Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

¶8No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶9It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶10Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State. 10-A. In the present case it is to be seen that applicant was not named in the First Information Report. The name of the applicant has come up in the confessional statement of the co-accused person. The applicant has no criminal history.

¶11Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶12Let the applicant-Ramanand involved in Case Crime No. 63 of 1985, under Sections 395 and 397 I.P.C., Police Station Kaptanganj, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶13It is further provided that since the First Information Report is of the year 1985, the trial court is hereby directed to proceed with the trial of the case and shall conclude the same within one year from the date of production of certified copy of the order. The prosecution as well as S.S.P./S.P., Kushinagar is hereby directed to produce the prosecution witness in support of the present case before the trial court. In the event of non-production of prosecution witness, S.S.P./S.P., Kushinagar shall file his personal affidavit before the trial court disclosing the reasons as to why the prosecution witness have not been produced.

¶14It is further directed that the applicant will remain present before the trial court on each date fixed. On non-appearance of the applicant before the trial court, the trial court would be at liberty to issue coercive measures including warrant against the applicant.

¶15In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶16Registrar (Compliance) of this Court is directed to send copy of this order to the S.S.P./S.P., Kushinagar as well as the court concerned for information and necessary action. Order Date :- 5.12.2023 VMA High Court of Judicature at Allahabad