The High Court of Allahabad held that the applicant, Rishabh @ Deepanshu, should be released on bail in a murder case (Crime No. 199 of 2020) pending trial.
Release of the applicant on bail by furnishing a personal bond and two sureties with specific undertakings.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34936 of 2020
Applicant :- Rishabh @ Deepanshu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.,Mukesh Kumar
Hon'ble Gautam Chowdhary,J.
Heard Sri Jitendra Kumar Mishra, counsel for the applicant, Sri Mukesh Kumar, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rishabh @ Deepanshu seeking enlargement on bail during trial in connection with Case Crime No. 199 of 2020, under Sections 147, 148, 149, 302 I.P.C. registered at P.S.- Maudarwaja, District- Farrukhabad.
It is contended by learned counsel for the applicant that applicant is named in the first information report along with four other co-accused. The alleged incident has taken place on 01.05.2020 at about 19.30 P.M. but the FIR has been lodged on 2.5.2020 at about 1.34 P.M. after one day delay without having any plausible explanation of delay of lodging the FIR. It is further contended by learned counsel for the applicant that in the statement of witness Manish recorded under section 161 Cr.P.C. has developed a new story (Annexure-5 to the affidavit). The main role is assigned to the co-accused Gagan as Gagan has some dispute with the deceased but due to ulterior motive the applicant has been falsely implicated in the present case. There is no independent eye witness against the applicant. The applicant is student of B.Com Ist year and his name is Deepanshu Trivedi but the concerning police station falsely implicated as name of Rishabh son of Umakant but the father name of the present applicant is Ramakant. There is no motive against the applicant for committing the alleged offence and lastly contended that applicant is in jail since 03.05.2020, therefore, he may be released on bail.
Per contra, learned AGA and learned counsel for the informant have opposed the prayer for bail.
After 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, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Rishabh @ Deepanshu , 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.2.2021
RPD
3 issues framed by the court
Whether the applicant Rishabh should be released on bail in a murder case under Sections 147, 148, 149, 302 IPC.
Whether the delay in lodging the FIR and discrepancies in the applicant's details warrant relief on bail.
Whether the bail application against the applicant has been allowed.
3 provisions across 2 enactments
Rishabh @ Deepanshu
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
