Court granted bail to applicant Sarvesh Shukla in a murder trial under Section 439 Cr.P.C., imposing conditions including personal bond, sureties, and adherence to trial dates.
Release on bail with personal bond and two sureties subject to defined conditions regarding trial attendance and evidence.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5887 of 2020
Applicant :- Sarvesh Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Pankaj Sharma holding brief of Sri Anurag Shukla, learned counsel for the applicant and the learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sarvesh Shukla seeking enlargement on bail during trial in connection with Case Crime No. 768 of 2019, under Sections 147, 148, 149, 323, 302, 504, 506, 120-B IPC and Section 7 of C.L.A. Act, registered at P.S. Kotwali Auraiya, District Auraiya.
Learned counsel for the applicant argued that the First Information Report has been lodged on 13.10.2019 by Rani Devi, wife of the deceased alleging therein that her husband Ram Pramod Pal deceased was running travel agency and at some distance from his business Pramod Chaubey and Rajol Dixit were also running the same business who were pressurizing her husband to shut down his work. On 12.10.2019 at about 7:30 P.M. Anshul Chaubey, Rajol Dixit, Shiva Dixit and Sarvesh Shukla, the present applicant came to her husband's shop and started abusing him and told him that he has not closed his agency, as a result of which, they are suffering huge loss. All the accused persons with country-made pistol came there, Promod Chaubey then took out his weapon and placed it at the temporal region of the deceased, due to which, the deceased got scared whereupon, Anshul Chaubey @ Anshu fired a shot from his country made pistol, as a result of which, Ram Pramod Pal received injuries and fell down. The said incident was seen in the light present at the place of occurrence. Then, Ram Pramod Pal was taken to hospital for treatment from where he was referred to Kanpur wherein during treatment, he died. Learned counsel for the applicant argued that the role of firing on the deceased is assigned to co-accused Anshul Chaubey @ Anshu. No specific role has been assigned to the applicant but he is said to be present there with a country made pistol. He further argued that the applicant is in jail since 03.11.2019. The applicant is stated to have criminal history of
one case which has been explained in para-19 of the affidavit.
It is submitted that co-accused Shiva Dixit @ Anuj having identical role has already been granted bail by this Bench vide order dated 05.02.2020 passed in Criminal Misc. Bail Application No.4693 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity.
Per contra, learned AGA as well as the counsel for the complainant have opposed the prayer for bail and argued that the applicant is named in the First Information Report and was a member of the party who was present where the deceased was standing and where he was shot but could not dispute the aforesaid arguments as raised by the learned counsel for the applicant.
Considering the totality of the case in particular, nature of evidence available on record, I am inclined to release the applicant on bail.
Let the applicant Sarvesh Shukla 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 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The 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.
The bail application is allowed.
Order Date :- 14.2.2020
Asha
(Samit Gopal,J.)
1 issue framed by the court
Whether the applicant Sarvesh Shukla is entitled to bail during trial under Section 439 Cr.P.C. in a murder trial.
Sarvesh Shukla
Samit Gopal
As recorded by the court registry
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