Criminal court allowed bail to an applicant charged with murder and other offences under IPC, finding that he made out a case for bail despite the severity of the charge, noting a co-accused with similar role had already been granted bail.
Applicant released on bail on personal bond and two local sureties, subject to conditions of attendance and no abuse of liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43482 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ulajhan Singh Bind Counsel for Opposite Party :- G.A.,Imran Ullah,Mohammad Khalid
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Supplementary affidavit has been filed on behalf of the applicant in Court today, which is taken on record. Office is directed to register the same.
Heard Mr. Ulajhan Singh Bind, learned counsel for the applicant, Mohammad Khalid, learned counsel for the informant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant, Rahul with a prayer to release him on bail in Case Crime No. 961 of 2021, under Sections 147, 148, 149, 302, 216 I.P.C., Police Station Baghpat, District- Baghpat.
Learned counsel for the applicant submits that FIR has been registered against unknown persons on 05.10.2021 after 1 hour and 15 minutes of the alleged incident. It is submitted that name of the applicant has been disclosed in the second statement of the informant given on 11.10.2021. The confessional statement of the applicant has been annexed as annexure-8 of the application recorded by the police. Apart from the confessional statement there is no direct evidence against the applicant to show his involvement in the incident. He further submits that criminal history of the applicant have been explained in paragraph 3, 4 and 5 of the supplementary affidavit, wherein in the case of heinous offence he has already been acquitted, rest cases are regarding petty offences. The applicant is languishing in jail since 02.01.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned counsel for the applicant further submits that co-
accused of this case namely, Pankaj, having similar role has been granted bail by the co-ordinate Bench of this Court, vide order dated 23.08.2022 in Criminal Misc. Bail Application No.29368 of 2022, therefore the applicant is also entitled to be released on bail on the ground of parity.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, he could not dispute the fact that co-accused of this case having similar role has already been granted bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Rahul involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial 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.
(iv) 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 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.
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.
Order Date :- 23.12.2022 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a trial stage for a charge involving heinous offences under Sections 147, 148, 149, 302 I.P.C.
Whether the grant of bail to a co-accused with a similar role entitles the applicant to bail on grounds of parity.
Rahul
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
