Kuber v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40091 of 2023 Applicant :- Kuber Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Bahadur Singh,Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2This is the second bail application moved on behalf of accused/ applicant-Kuber. The first bail application of the applicant was rejected by this Court vide order dated 23.01.2023 passed in Criminal Misc. Bail Application No. 38116 of 2022.

¶3Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel further submits that applicant is named in the F.I.R. along with other six other persons and specific allegation against the applicant has been made for giving several blows on the head of the deceased by a rod and upon which basis his first bail application was rejected. Learned counsel for the applicant further submits that the alleged incident is of the year 2021, charge has been framed against the applicant vide order dated 24.11.2022, there are 17 prosecution witnesses in the charge sheet and dates are being fixed regularly for evidence, but till date none of the prosecution witnesses have turned up to record their statements before the trial court and it appears that trial of the case could not be concluded in near future and applicant is in jail since

21.04.2022. It appears that 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. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 21.04.2022, having no criminal history.

¶4Learned A.G.A. for the State could not satisfactorily dispute the aforesaid submissions made by the learned counsel for the applicant.

¶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, 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-Kuber, involved in Case Crime No. 332 of 2021, under Sections 147, 148, 323, 304, 336 I.P.C., Police Station Kotwali, District Deoria, 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 :- 15.12.2023 Mustaqeem. High Court of Judicature at Allahabad