Allowed

Amarjeet S/O Shri Asharam Goswamii v. State of U.P. Thru the Secy Home Deptt Lko

Allahabad HC22 Aug 2022/7287/2022

Case brief

AI extract

What is this about?

In this bail application concerning an assault resulting in death, the High Court allowed the applicant's bail. The court relied on the absence of specific allegations linking the applicant to the fatal injury, the exonerated status of co-accused, and the precedent set in Dataram Singh, granting bail subject to standard conditions.

What did the court decide?

The applicant is enlarged on bail on executing a personal bond and two sureties on specific conditions relating to appearing in court and not tampering with evidence.

Amarjeet S/O Shri Asharam Goswamii Vs State… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7287 of 2022

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Applicant :- Amarjeet S/O Shri Asharam Goswamii Opposite Party :- State Of U.P. Thru The Secy Home Deptt Lko Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Learned counsel for the applicant has filed rejoinder affidavit today in Court. The same is taken on record.

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Heard Sri Arvind Kumar Verma, learned counsel for the applicant and Sri Aniruddh Singh, learned A.G.A.-I for the State and perused the record.

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This bail application has been moved by the accused/applicantAmarjeet for grant of bail in Case Crime No. 374/2021, under Sections 147, 148, 324,302,307,504,364,308 and 323 I.P.C., Police Station Laharpur, District Sitapur.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The First Information Report is based on false and fabricated facts. He further submits that as per the F.I.R. dated 29.07.2021 the present applicant and seven other co-accused assaulted the husband of the complainant and daughters, namely, Km Vandana and Km. Monika by lathi, danda and banka respectively. The incident is said to have occurred on 28.07.2021, whereas the deceased Ram Dhani, who is the husband of the complainant succumbed to his injuries on 07.08.2021 and ultimately he died. According to post-mortem report, the cause of death of the deceased is coma, as a result of ante-mortem head injury.

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Learned counsel for the applicant further submits that the eight persons were named in the F.I.R. to cause injuries to the deceased as well as other injured persons, however charge-sheet has been filed against six accused persons only and two persons were exonerated against whom the same allegation was levelled in the F.I.R. He further submits that as charge-sheet has already been submitted, therefore, there is no possibility to intimidating or pressurizing the witnesses or any other person acquainted with the facts of the present case.

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Learned counsel for the applicant further drawn attention of this Court towards the statement of the complainant, namely, Nirmala and the daughters of the deceased, namely, Km.

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Vandana and Km. Monika under Section 161 Cr.P.C. in which they have clearly stated this fact that all the named persons in the F.I.R. caused injuries by lathi, danda and banka to the deceased and also to themselves, but none have made any specific allegation against the applicant that by which weapon he has caused injuries to the deceased or to the witnesses, who are injured witnesses, even though none have assigned the role that the applicant was having lathi on his hand and who hit the deceased by lathi in his head that caused the injury to the deceased.

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Learned counsel for the applicant further submits that on the pressure created by the police, the police has falsely made a recovery of lathi on the pointing out of the applicant, whereas the applicant was not having any lathi in his hand and that recovery was also made after 52 days of the alleged incident, therefore, it cannot be said that the deceased was died due to the injuries of lathi.

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Learned counsel for the applicant further submits that the other co-accused, who are named in the F.I.R.,namely Pawan Kumar, Amarnath and Vikas, who have been assigned the general allegation and similar role as of the applicant and no weapon has been assigned in their hand also were already granted by co-ordinate Benches of this Court vide orders dated 14.02.2022, 17.02.2022 and 24.02.2022 passed in Criminal Misc. Bail Application No. 14881 of 2021, Criminal Misc. Bail Application No. 1462 of 2021 and Criminal Misc. Bail Application No. 1675 of 2022 respectively. He further submits that the case of the present applicant is not on the worse footing than that of the co-accused who have already been granted bail by co-ordinate Benches of this Court, therefore, the bail application of the applicant may also be considered by this Court sympathetically and he should also be released on bail.

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Learned A.G.A. opposed the prayer for bail and submits that the deceased succumbed and there is direct role of the applicant, therefore his bail application may be rejected, but did not dispute this fact that the other co-accused against whom the same allegation has been levelled have already been granted bail by co-ordinate Benches of this Court.

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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

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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-43 of the affidavit filed in support of the bail application. The applicant is in jail since 17.09.2021 and in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.

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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 and considering the fact that general allegation has been levelled against all the named accused persons. Two persons were exonerated and charge-sheet was submitted only against six persons, out of which three persons have been granted bail by co-ordinate Benches of this Court against whom general allegation was levelled; there is no specific allegation either by the complainant or by the injured witnesses, namely, Km.Vandana and Km. Monika that the applicant was having lathi in his hand and hit the deceased by lathi; the recovery of lathi was shown by the applicant after 52 days of the incident; similarly circumstanced and identically placed other co-accused have already been granted bail by co-ordinate Benches of this Court; as well as 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.

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

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Let the applicant, Amarjeet, involved in Case Crime No. 374/2021, under Sections 147, 148, 324,302,307,504,364,308 and 323 I.P.C., Police Station Laharpur, District Sitapur, 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 :-

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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

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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 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.

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(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 liberty of his 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 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 merit of the case.

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Order Date :- 22.8.2022 Arvind

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Digitally signed by ARVIND KUMAR SRIVASTAVA Date: 2022.08.23 15:38:19 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Amarjeet S/O Shri Asharam Goswamii v. State of U.P. Thru the Secy Home Deptt Lko

Case brief

What is this about?

What did the court decide?

Amarjeet S/O Shri Asharam Goswamii v. State of U.P. Thru the Secy Home Deptt Lko

Case brief

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What did the court decide?

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