Raghubir Saroj v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12835 of 2023 Applicant :- Raghubir Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Mukesh Singh, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR/Case Crime No.77 of 2023, under sections 304, 323, 504, 506 IPC, Police Station Baghraj District Pratapgarh.

¶3It has been submitted by learned counsel for the applicant that FIR has been lodged by the complainant/ wife of the deceased mentioning therein that her husband had gone to look after the crop in the night of 13.05.2023 and in the morning of 14.05.2023 his son Shiva had gone to the field and saw that her husband was in unconscious state and he was beaten with stick due to which he received injuries. She has further stated in the FIR that four days back quarrel had taken place between her husband and Balvir, Raghubir and Sangeeta. Learned counsel for the applicant has submitted that admittedly, it is apparent on record that complainant is not an eye-witness and no one has seen the incident. Learned counsel for the applicant has further stated in para-10 of the affidavit that no information regarding quarrel, as mentioned in the FIR, was ever given to the police by the complainant or by her husband. He has further submitted that the statement of complainant under Section 161 Cr.P.C. has been recorded and she has reiterated the same version of the FIR and no other witness has supported the prosecution case. It appears that the injuries were caused by some unknown person and the applicant has been falsely implicated in the present case. Learned counsel for the applicant has also submitted that the identical role assigned to co-accused Sangeeta, has been granted bail by court below. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 25.05.2023.

¶4Learned A.G.A. has opposed the prayer for bail and he has submitted that as per version of the FIR it appears that prior to four days of the incident, quarrel had taken place with the complainant and co-accused persons and due to aforesaid reasons deceased was assaulted by accused persons when he had gone to field to look after the crop. Learned A.G.A. could not dispute the fact that noone had seen the incident.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that there is no eye witness of the incident and the argument that it is case of no evidence, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Raghubir Saroj, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 1.11.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench