Criminal Misc. Bail Application allowed by Allahabad High Court. Applicants granted bail before Special Judge for an assault case with grievous injuries, noting it was a cross-case where complainant also sustained injuries, no specific role to applicants, and jail overcrowding.
Applicants released on bail on personal bond and two sureties each.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44042 of 2021
Applicant :- Binda Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Gupta,Raksha Chauhan,Rishi Kant Rai Counsel for Opposite Party :- G.A.,Rajendra Prasad Pandey,Rakesh Kumar Pandey
Hon'ble Vikas Budhwar,J.
Heard Sri Rishi Kant Rai, learned counsel for the applicants, Sri Dharmenra Kumar (A.O.R. No. A/D 0230/2012) holding brief of Sri Rakesh Kumar Pandey and Sri Shrawan Kumar Ojha, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicants- Binda Prasad and Bhola Prasad for enlarging them on bail in Case Crime No.81 of 2020 under Sections 323, 308 I.P.C, registered at Police Station- Thariyaon, District- Fatehpur.
The bail application so preferred by the applicant has been rejected by the court below on 14.9.2021.
Learned counsel for the applicant has argued that an NCR was lodged by one Sri Dharmendra son of Sri Ram Prasad before P.S. Thariyaon, District Fatehpur on 8.4.2020 being N.C.R. No. 53 of 2020, under Section 323 IPC with an allegation that the applicants, who are two in numbers along with two others on 7.4.2020 at 7:00 in the evening with relation to a dispute of a drainage used cuddle (danda) and had administered beating upon the father of the complainant and thereafter the complainant dialed 108 number, pursuant whereto the police came and the injured was taken for medical examination. Learned counsel for the applicant has drawn the attention of this Court towards page-22, so as to contend that consequent to medico examination report of the injured Ram Prasad, which was conferring that injury no.1 was a grievous injury and X-ray of skull was advised. Learned counsel for the applicant has further argued that no specific role has been assigned in FIR. Learned counsel for the applicant has further drawn the attention of this Court towards page-23 so as to contend that even Dharmendra was put to medico legal examination, wherein injury was shown to be simple. Consequently, FIR being FIR no.0081 of 2020 on 17.4.2020 at 11:46 hours was registered. Learned counsel for the applicant has further argued that the present case is a cross-case, as even in fact the
applicants have also sustained injuries, while referring to Annexure-8 at page-54 of the bail application so as to contend that the applicant no.1 was also referred for X-ray, wherein it was observed that there is a crack fracture of occipital bone of skull (Grievous injury) and so far as applicant no.2 is concerned, he has sustained injury no.1, which was grievous and others were simple while referring to page no. 55 of the paper book. Learned counsel for the applicant has further drawn the attention of this Court towards page-62 of the bail application, so as to contend that the applicant even in fact has taken recourse to the proceedings under Section 156(3) of CrPC for lodging of the FIR. According to learned counsel for the applicant submitted that it's a cross-case and further the applicant has also sustained injuries. Learned counsel for the applicant has drawn the attention of this Court towards paragraph-20 of the paper-book so as to contend that so far as applicant no.1 is concerned, he possessed a solitary criminal case to the parameters of criminal history being Case Crime no. 169 of 2020 under Sections 352, 504, 506 IPC and 3(1) (D) of SC/ST Act, P.S. Thariyaon, District Fatehpur, in which applicant no.1 has been enlarged on bail on 25.2.2021 by the court of Special Judge (SC/ST Act), Fatehpur and so far as applicant no.2 is concerned, he does not possess any criminal history. Learned counsel for the applicants has submitted that the applicants are languishing in jail since 31.8.2021. If the applicants are released on bail, they will not misuse the liberty of bail, they be enlarged on bail.
Countering the said submission, the learned AGA has opposed the bail while arguing that the applicants have committed offence and looking into the nature of injuries, NCR got converted into FIR, and further the fact that merely because he has satisfactorily explained the criminal history and applicant no.2 has no criminal history, will be of no relevance and also that the nature of injuries, sustained by the father of the complainant is grievous, but he could not dispute the fact that no specific role has been assigned to the applicants and are languishing in jail since 31.8.2021.
Learned counsel for the complainant has adopted the argument of the learned A.G.A. However, he has additionally argued that the applicants have committed the offence and father of the complainant has also sustained grievous injury.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as it's a crosscase, complainant side also sustained injuries, no specific role has been assigned to the applicants and are languishing in jail
since 31.8.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
Courts have taken notice of the overcrowding of jails during the current pandemic situation ( Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India ). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants- Binda Prasad and Bhola Prasad involved in aforesaid crime be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming their independent opinion based on the testimony of the witnesses.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicants, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicants is placed before the Court, the same would be entertained.
Order Date :- 14.2.2022 N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.02.15 12:10:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail considering the nature of the cross-case injuries and lack of specific role assignment.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisonsReferred¶14
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India
1 provisions across 1 enactments
Binda Prasad
Bhola Prasad
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
