Allowed

Shubham Patel v. State of U.P.

Allahabad HC14 Feb 2022/2277/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a murder case under Articles 302 and 201 of IPC. The Court noted the applicant's role was similar to a co-accused who had already been released and relied on the larger mandate of Article 21 grounded in Dataram Singh for the order.

What did the court decide?

Released on bail upon execution of personal bond and two sureties in like amount subject to conditions of appearance and non-tampering.

Shubham Patel Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2277 of 2021 Applicant :- Shubham Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Pratap Singh,Padam Kant Mishra,Ram Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Padam Kant Mishra, learned counsel for the applicant through video conferencing. However, Sri Rao Narendra Singh, learned A.G.A.-I for the State.

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Counter and rejoinder affidavits have been exchanged between the parties.

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Learned counsel for the applicant submits that the name of the applicant is Shubham Patel but due to typing error on the first page of the application name of the applicant has wrongly been typed as "Shubha Patel", therefore he may be permitted to correct the same.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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As prayed by learned counsel for the applicant he is permitted to correct the description of the applicant within 24 hours.

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Applicant has moved the present bail application seeking bail in Case Crime No. 0087 of 2020, under Sections 302 and 201 I.P.C., Police Station Fathanpur, District Pratapgarh.

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Learned counsel for the applicant submits that as per prosecution story as narrated in the F.I.R. is that son of the informant aged about 22 years of age due to old enmity has been burnt by the accused persons by pouring petrol after tying him with Safeda tree with wire.

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Learned counsel for the applicant further submits that postmortem of the deceased was conducted on 02.06.2020, the cause of death is due to joint affect to coma and asphyxia as a result of ante-mortem head injury and burn injury.

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Learned counsel for the applicant further submits that the statement of Bhagalu Ram has been recorded under Section 161 Cr.P.C. in which he has stated that he had seen the deceased going with the applicant, Harishanker, Ram Milan and some other persons resident of his village, then after some time he came to know that deceased was done to death by tying him and

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pouring petrol on him.

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Learned counsel for the applicant further submits that the statement of Anil Kumar Patel has also been recorded under Section 161 Cr.P.C. in which he has stated that he had gone for the natural call then he came to know that a person had been burnt in a eucalyptus orchard and thereafter went to see the happening and seen that he was his nephew Ambika Prasad, who had died.

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Learned counsel for the applicant further submits that Bhagalu Ram and Anil Kumar Patel are not the eye-witness of the alleged incident.

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It has been further argued that the similarly situated co-accused Harishakar has already been granted bail by this Court vide order dated 02.11.2021 passed in Bail No. 2364 of 2021. He has further submitted that as the role assigned to the applicant is also same as has been assigned to the co-accused Harishakar, who has been granted bail, and the case of applicant is not on the worse footing than that of the co-accused, therefore, he is also entitled for the benefit of the same and to be released on bail.

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Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 01.06.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. opposed the prayer for bail.

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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, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering that the witnesses have not seen the alleged incident and considering the ground of parity and larger mandate of the Article 21 of the Constitution of India and the

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law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another , reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Shubham Patel involved in Case Crime No. 0087 of 2020, under Sections 302 and 201 I.P.C., Police Station Fathanpur, District Pratapgarh be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(5) In case, the applicant misuses the liberty of bail during trial, 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.

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(6) The applicant shall remain present, 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.

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(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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(8) The concerned Court/Authority/Official shall verify the

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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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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 14.2.2022 Arvind

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Digitally signed by ARVIND KUMAR SRIVASTAVA Date: 2022.02.17 17:19:29 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shubham Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shubham Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

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