Allowed

Doodhnath Pathak S/O Narendra Kumar Pathak v. State of U.P. Thru Prin. Secy. Home

Allahabad HC11 Aug 2022/7165/2022

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, convicted in charge under various IPC sections for a violent altercation resulting in death. Relying on parity with co-accused and absence of incriminating evidence, the court granted bail subject to conditions regarding cooperation and presence in court.

What did the court decide?

The applicant is enlarged on bail by executing a personal bond and two sureties on specified conditions regarding conduct and court appearances.

Doodhnath Pathak S/O Narendra Kumar Pathak Vs… — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 13

¶2

Case : - CRIMINAL MISC. BAIL APPLICATION No. - 7165 of 2022 Applicant :- Doodhnath Pathak S/O Narendra Kumar Pathak

¶3

Opposite Party :- State Of U.P. Thru Prin. Secy. Home

¶4

Counsel for Applicant :- Vishwanath Tiwari,Kaushal Tiwari

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Shamim Ahmed,J.

¶7

Heard Shri Kaushal Tiwari, the learned counsel for the applicant, Shri Sudhir Upadhyaya, the learned A.G.A. for the State and perused the record.

¶8

The applicant, Doodhnath Pathak has moved the present bail application seeking bail in Case Crime No. 0394 of 2021, under Sections 147, 148, 149, 323, 324, 504, 506, 304 I.P.C., Police Station Inayat Nagar, District Ayodhya.

¶9

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case due to enmity. No such incident, as alleged by the prosecution, took place. The F.I.R. was lodged on 31.07.2021 at about 12:26 hours by the informant alleging therein that on 30.07.2021 at about 12:26 hours while informant's father, namely, Raj Pathak alias Pradeep Pathak, was coming to home from market, the accused persons, namely, Narendra Pathak, Peshkar Pathak, Nakul Pathak, Satish Pathak, Doodhnath Pathak (present applicant) and Ashish Pathak, who are also resident of same village, due to some old enmity, started abusing the father of the informant, and when his father objected, the accused persons started assaulting him with lathi, danda, axe and farsa. When Smt. Prabhawati, grand mother of the informant and Amrita, sister of the informant, came to rescue him the accused persons also assaulted them. On seeing villagers the accused persons ran away from the spot.

¶10

Learned counsel for the applicant further submits that as per the version of the F.I.R. the informant took away his father, grand mother and sister at C.H.C., Milkipur, but the doctors after seeing the condition referred his father for District Hospital, Faizabad, where during the course of treatment his father died.

¶11

Learned counsel for the applicant further submits that the present F.I.R. was lodged by the informant as a counter blast of first information report dated 28.06.2021 lodged earlier by Doodhnath Pathak (present applicant), who is also co-accused in the present F.I.R., against the informant and his father, which was registered as Case Crime No. 0336 of 2021, under Sections 323, 504, 506 I.P.C.

¶12

Learned counsel for the applicant further submits that in the present F.I.R. lodged against the applicant and his family members, general role has been assigned to all the six accused persons showing they were armed

¶13

with lathi, danda, axe and farsa. No specific role has been assigned to any of the accused persons named in the F.I.R. including the applicant, even applicant has not been assigned any specific weapon. There is no specific allegation that applicant has caused any injury to the deceased and general allegation has been levelled against all the accused persons for assaulting the deceased.

¶14

Learned counsel for the applicant further submits that as per the postmortem report the deceased received as many as five injuries and cause of death was found to be shock and hemorrhage due to ante mortem injuries.

¶15

Learned counsel for the applicant further submits that statements of two injured, namely, Smt. Prabhawati, grand mother of the informant and Amrita, sister of the informant, who were also the eye witness of alleged incident, were recorded, but they have not assigned any specific role to the present applicant except that he also hit the deceased on his head.

¶16

Learned counsel for the applicant further submits that nothing incriminating material has been recovered from the possession of applicant or on his pointing out. The recovery of danda was made on the pointing out of the co-accused, Ashish Pathak on 02.08.2021.

¶17

Learned counsel for the applicant further submits that charge sheet has been filed in the present case, and there is no apprehension of absconding or tampering of evidence or witnesses, if the applicant is granted bail.

¶18

Learned counsel for the applicant further submits that co-accused, Narendra Kumar Pathak and Virendra Kumar Pathak alias Peshkar Pathak, who were assigned general role of causing injuries to the deceased as of the applicant , have already been granted bail by a coordinate Bench of this Court vide orders dated 19.05.2022 and 2.8.2022 passed in Criminal Misc. Bail Application Nos. 11578 of 2021 and 7159 of 2022. The case of the applicant is not on the worse footing than that of the co-accused, who have been granted bail and who have been assigned similar and identical role as of the applicant and general allegation has been made against all the co-accused for hitting the deceased, therefore, the applicant be enlarged on bail on the ground of parity by this Court sympathetically.

¶19

Several other submissions regarding legality and illegality of the allegations made in the F.I.R. 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. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history, which fact has been stated in para-17 of the affidavit filed in support of the bail application. The applicant is in jail since 31.07.2021 and has already undergone a substantial period of detention, and that in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.

¶20

Learned A.G.A. opposed the prayer for bail, but has not disputed the fact

¶21

that similarly circumstanced co-accused Narendra Kumar Pathak and Virendra Kumar Pathak alias Peshkar Pathak , against whom similar allegation has been levelled, have been granted bail by this Court.

¶22

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 the fact that no specific role has been assigned to the applicant and general allegations have been made against all the accused persons for hitting the deceased; nothing incriminating material has been recovered from the possession of applicant or on his pointing out; recovery of danda was made on the pointing of co-accused, Ashish Pathak; co-accused, Narendra Kumar Pathak and Virendra Kumar Pathak alias Peshkar Pathak, who were also assigned general role of hitting the deceased, have already been granted bail by this Court; as such the present applicant is also entitled to get the parity of the same and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

¶23

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

¶24

Let the applicant, Doodhnath Pathak , involved in Case Crime No. 0394 of 2021, under Sections 147, 148, 149, 323, 324, 504, 506, 304 I.P.C., Police Station Inayat Nagar, District Ayodhya, be enlarged 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 :-

¶25

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

¶26

(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.

¶27

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

¶28

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

¶29

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

¶30

(6) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of

¶31

liberty of his bail and proceed against him in accordance with law.

¶32

(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.

¶33

(8) 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.

¶34

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.

¶35

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 merit of the case.

¶36

Order Date :- 11.8.2022

¶37

GSY

¶38

Digitally signed by GULAB Date: 2022.08.11 19:21:31 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Doodhnath Pathak S/O Narendra Kumar Pathak v. State of U.P. Thru Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

Doodhnath Pathak S/O Narendra Kumar Pathak v. State of U.P. Thru Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shanti Devi W/O Rakesh Jaiswal Vs State of U.P. Thru. Its Prin. Secy. Home

Mithlesh Kumar @ Pinto Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Prashant Kumar Mishra @ Prashant Mishra Vs State of U.P. and Anr.

Gulshan Pushpakar S/O Munna Pushpakar Vs State of U.P. Thru. Prin. Secy. Home Lucknow

Sandeep Kumar Gupta Vs State of U.P. and Anr.

Ramprakash Vs State of U.P.