Allowed

Surya Bhan and 2 Others v. State of U.P.

Allahabad HC7 Jan 2021BAIL/35609/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed in connection with murder and assault charges arising from a free fight. Applicants released on personal bond ensuring trial attendance and no obstruction of evidence, subject to specific conditions for immediate release pending court functioning restoration.

What did the court decide?

Applicants released on bail with personal bond and two sureties each, subject to conditions including attendance at trial and file copy of order on official website.

Surya Bhan and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35609 of 2020

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Applicant :- Surya Bhan And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Singh Solanki, Pashali Solanki Counsel for Opposite Party :- G.A.,Dhiraj Singh,Suresh Chandra Pandey

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Hon'ble Rahul Chaturvedi,J.

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Heard Mrs Pashali Solanki, learned counsel for the applicants; learned counsel for the informant and learned A.G.A. Perused the record.

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The present bail application filed on behalf of applicants seeking their bail in connection with Case Crime No.54 of 2020, u/s 147, 304, 308, 323, 504, 506 I.P.C., P.S.-Maeel, District-Deoria. They are in jail since 4.7.2020.

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Submission of learned counsel for the applicants is that on account of a free fight there is cross case of the incident whereby both sides have sustained injuries. It is further contended that applicant no.1 Surya Bhan has also sustained a fracture in his Ulna bone and on account of free fight the deceased has sustained head injury. Contention is that there is no justification coming forward as to how the applicant no.1 has sustained fracture over his Ulna bone. At this stage the Court is at the loss to adjudicate that which group is aggressor over the other group. It is further contended by counsel that coaccused Brijbhan has been admitted on bail by Co-ordinate Bench of this Court while allowing Criminal Misc. Bail Application No.28798 of 2020 vide order dated 03.11.2020. The applicants are in jail since 04.7.2020 having no criminal antecedents.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the above facts.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants Surya Bhan, Dashrath and Satish, who are involved in aforementioned Case Crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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.

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(ii) THE APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF THEIR ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANTS 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 APPLICANTS 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 THEM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE

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APPLICANTS.

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

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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1. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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4. 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.

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However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this Court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 7.1.2021 M. Kumar

Surya Bhan and 2 Others v. State of U.P.

Case brief

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Surya Bhan and 2 Others v. State of U.P.

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