Brajesh v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6482 of 2023 Applicant :- Brajesh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Anuj Pratap Singh,Khushboo Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Heard Shri Anuj Pratap Singh, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶2This bail application has been moved by the accused/applicant-Brajesh for grant of bail, in Case Crime No.403 of 2022 under Section 302 I.P.C. Police Station Baghauli, District Hardoi, during trial.

¶3Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

¶4It is further submitted that identically placed co-accused persons of the alleged crime, namely, Kanhaiya and Sudhakar have been released on bail by Coordinate Bench of this Court vide orders dated 27.09.2023 and 20.09.2023 passed in Criminal Misc. Bail Application Nos.3585 of 2023 and 4449 of 2023, respectively.

¶5It is next submitted that applicant is in jail in this case since

03.10.2022 and he is not having any criminal history, charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

¶6Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, he is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the applicant with regard to the fact that identically placed co-accused persons namely Kanhaiya and Sudhakar have been released on bail by Coordinate Bench of this Court and the role of the applicant and co-accused Kanhaiya is on better footing than the role of co-accused Sudhakar from whom recovery of gadasa and knife has been shown.

¶7Having heard learned counsel for the parties and having perused the record, it is evident that F.I.R. of this case was lodged against unknown persons. Postmortem report of the deceased would reveal that one incised wound on the neck of the deceased was found and death of the deceased is shown to have been caused due to shock and hemorrhage as a result of ante mortem injury. During the course of investigation, co-accused person Sudhakar was arrested and he in his confessional statement has confessed the guilt and on his pointing gadasa and knife were also recovered. It is in the confessional statement of co-accused Sudhakar, name of the applicant as well as of Kanhaiya had surfaced. Co-accused Sudhakar, from whom recovery of gadasa and knife is shown to have been affected, as well as Kanhaiya have been granted bail by Coordinate Bench of this Court. Charge-sheet in this case has already been filed. Applicant is in jail in this case since

03.10.2022 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.

¶8Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶9Let the accused/applicant-Brajesh involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶12Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 27.10.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench