The High Court allowed bail to Pradeep Kumar accused in a Section 302 IPC murder case. The court noted identical roles and prior bail for a co-accused, finding self-defence allegations credible enough to secure the accused within advance bail conditions.
Released on bail with personal bond and two sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13832 of 2022
Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh,Prashant Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Prashant Kumar Singh, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Pradeep Kumar for grant of bail, in Case Crime No. 161 of 2021, under Section 302 IPC, Police Station Kurara, District Hamirpur, during trial.
Learned counsel for the applicant submits that it is a case of false implication and the applicant has not committed any offence as claimed by the prosecution.
It is further submitted that as per the case of the prosecution, as is evident from the first information report and the statements of the informant and other witness Rajesh, is to the tune that on 23.7.2021 at about 10.00 P.M. co-accused Umesh Kumar was quarreling with his wife. Brother of the first informant intervened in order to persuade them not to quarrel, however, the applicant stated to have become annoyed and applicant and co-accused Umesh Kumar started assaulting the deceased, on which the deceased had took out a country made pistol, which was allegedly snatched by the instant applicant and both the accused persons (applicant and co-accused Umesh Kumar) assaulted the deceased with the 'Butt' of country made pistol as well as by the brick and thereby caused murder of the deceased on the spot. The postmortem report reveals 8 injuries of the nature of lacerated wound, contusions and abrasions. The fatal injury was found on the parietal temporal region beneath it fracture was also found and in the opinion of the doctor the death of the deceased has been caused due to shock on account of ante-mortem injury (head injury).
Highlighting the above facts, it is vehemently submitted that in fact the deceased had assaulted the instant applicant with the pistol and had opened gunshot and it was in order to defend himself the applicant had acted in self defence.
It is further submitted that identical role of assaulting with ' Butt of Tamancha' has been assigned to the co-accused Umesh Kumar and by brick has been assigned to the instant applicant and only one fatal injury has been found on the head of the deceased and it could not be ascertained at this stage as to who from amongst the accused persons was the author of the fatal injury.
It is further submitted that co-accused Umesh Kumar who was assigned identical role of assaulting the deceased with ' Butt of Tamancha' has been granted bail by a Coordinate Bench of this Court, vide order dated 25.3.2022 passed in Criminal Misc. Bail Application No. 52219 of 2021. The applicant is in jail in this case since 24.7.2021. Charge sheet has already been filed in this case and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned AGA on the other had submits that the deceased has been done to death in a brutal way and having regard to the evidence available against the applicant, he is not entitled to be released on bail but could not dispute the submissions made on behalf of the applicant that the role of the instant applicant is at par with the co-accused Umesh Kumar who has been granted bail by a Coordinate Bench of this Court.
Having heard learned counsel for the parties and having perused the record, it is evident that the role of assaulting with Butt of Tamancha has been assigned to co-accused Umesh Kumar while the role of assaulting with brick has been assigned to the instant applicant. The role of both these persons are identical. Co-accused Umesh Kumar has been granted bail by a Coordinate Bench of this Court. The applicant is not carrying any criminal history and the right of private defence has also been claimed by the applicant. In the first information report also it is mentioned that gun shot was fired by the deceased. The applicant is in jail in this case since 24.7.2021. The presence of the applicant could be secured before the trial court by placing adequate conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Pradeep Kumar involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.
Order Date :- 20.4.2022 Muk
Digitally signed by MOHD UMAR KHAN Date: 2022.04.20 17:19:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused is entitled to bail in a murder case alleging false implication and self-defence.
Whether the coordination of bail with another co-accused permits the present grant of bail.
Pradeep Kumar
Mohd. Faiz Alam Khan
Mohd Umar Khan
As recorded by the court registry
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