Shubham Singh v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12910 of 2023 Applicant :- Shubham Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Manish Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

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

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.259 of 2023 under Section 147, 149, 308, 323, 304, 506 IPC PS Rampur Mathura, district Sitapur.

¶3Learned counsel for the applicant has submitted that FIR has been lodged by Ashish son of Avadh Ram in which he has mentioned that he along with deceased, had gone to village of Akhilesh Pradhan to do theft and as soon as he along with deceased reached to the house of Akilesh Pradhan, alarm was raised and Akhilesh Pradhan, Kamlesh, Akhilesh, Shivam and 10-15 other villagers came to the spot and they assaulted the complainant and his two friends. It has been submitted that his two friends receives injuries and they became unconscious, they were sent to Government hospital and injured Bhondu died in hospital. He has submitted that the father of applicant had also lodged FIR on

31.8.2023 under Section 457, 380 IPC (Annexure No.2) which is indicating that FIR was lodged for the reason that theft was done by unknown persons. Learned counsel for the applicant has submitted that in the FIR, the applicant is not named and as per statement of Ankul son of Manohar, the name of applicant came to light. He has further submitted that Ankul has also mentioned before the police that the applicant and other villagers have no motive against the deceased rather, the deceased and other persons had come for loot in the village and the mob assaulted them.

¶4Learned counsel for the applicant has further submitted that neither there is motive nor any intention to cause injury rather, it was a case of loot and due to the reason that the complainant and his fellow companions had come to the village for loot that is why, the mob has assaulted. He has submitted that the applicant has no other criminal history and he is in jail since 22.8.2023.

¶4Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts.

¶5Considering over all facts and circumstances of the case, the argument that the applicant is not named in the FIR and the complainant and his companions had gone for loot in the village and the mob had assaulted them, the argument that there is neither motive nor intention for causing death to the deceased, it is a fit case for bail.

¶6Let the applicant, Shubham Singh 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.

¶7It 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 :- 2.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench