Anek Pal @ Anangpal v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53931 of 2023 Applicant :- Anek Pal @ Anangpal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Akhilesh Singh, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Anek Pal @ Anangpal, seeking enlargement on bail during trial in connection with Case Crime No. 86 of 2023, under Sections 147, 148, 149, 323, 325, 504, 506, 302/34 I.P.C., Police Station Sikandarpur Vaishy, District Kasganj.

¶4Learned counsel for the applicant argued that as per the first information report 05 persons including the applicant have been assigned general role of assault upon Asharam, Yadram and Vivek Kumar. It is argued that Asharam has died who has received two lacerated wounds, two contusions and one multiple abraded contusion on his head and the cause of death was coma as a result of head injury. It is argued that the first informant in his statement recorded under Section 161 Cr.P.C. has assigned the role of the applicant of assaulting Ashram with a kulhadi. It is argued that co-accused Ramanand and Prem Singh have also been assigned the role of assault upon Asharam by lathi. It is argued that the injuries as received by the deceased do not corroborate in any manner and show that kulhadi was used. It is argued that in so far as the same is concerned, there are two injuries on the head of the deceased which are fatal injuries. The assault is by three persons. The author of the fatal injuries is not known. It is argued that recovery of kulhadi allegedly from the pointing out of the applicant is from a bush which is an open place and is easily accessible to everyone. There is no corroboration of use of the said weapon. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 26.06.2023.

¶5Per contra, learned counsel for the State opposed the prayer for bail.

¶6After having heard learned counsel for the parties and perusing the record, it is evident that common and general role has been assigned to the applicant of assaulting the deceased in the first information report. Subsequently in the statement of the first informant recorded under Section 161 Cr.P.C. although the applicant and the other two persons have been assigned the role of assaulting but the author of the fatal injuries is not known.

¶7Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶8Let the applicant-Anek Pal @ Anangpal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The 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 and send the applicant to prison.

¶10The bail application is allowed. Order Date :- 15.12.2023/AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad