Allowed

Surjeet v. State of U.P.

Allahabad HC28 Nov 2022BAIL/52749/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed Criminal Misc. Bail Application No. 52749 of 2022 filed by Surjeet. The court granted bail subject to personal bond and local sureties and specified conditions regarding court attendance and prohibitions on seeking adjournments during evidence.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two local sureties, subject to strict conditions regarding court attendance and conduct.

Surjeet Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52749 of 2022

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Applicant :- Surjeet Opposite Party :- State of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard Mr. Ram Badan Maurya, the learned counsel for the applicant and the learned counsel for the State as well as perused the material on record.

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The present bail application has been filed by the applicant- Surjeet with a prayer to enlarge him on bail in Case Crime No. 350 of 2019, under Sections 307, 504 and 506 I.P.C. Police Station-Kishni, DistrictMainpuri, during the pendency of the trial.

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As per F.I.R., the informant's uncle Sahdev Singh is said to have been fired upon by the Devendra by Pistol by which he received serious injuries and accused-applicant and other co-accused named in the F.I.R. together have been assigned the role of exhortation and giving abuses.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that from the version of the first information report and the statements of the injured recorded under Sections 161 Cr.P.C., only general role of exhortation has been assigned to all the accused persons including the applicant except Devendra who has been assigned the specific role of causing fire arm injuries to the injured. There is no direct or indirect evidence on record on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. The injuries sustained by the injured are simple in nature as per the medical examination report.

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The Next submission made by the learned counsel for the applicant is that the main assailant Devendra has been granted interim anticipatory bail by Additional Sessions Judge, Court No. 6, vide order dated 14.1.2020, order is annexed at page 40 & 41 of the afÏdavit and the arrest of the other co-accused Sipahi Ram has been stayed till next date of listing vide order of this Court dated 7.11.2019 passed in Crl. Misc. Bail Application No. 47515 of 2019.

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Again, it is submitted that the co-accused, namely, Surjeet has been granted anticipatory bail by this Court vide order dated 11th February, 2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1543 of 2020. The case of the present applicant is on similar

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footing to that of the co-accused Surjeet and is on better footing to that of the co-accused Devendra. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 2nd October, 2022.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant 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:-

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(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.

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(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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(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.

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(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 sufÏcient 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.

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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 merits of the case.

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(Shiv Shanker Prasad, J.)

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Order Date :- 28.11.2022

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Sushil/-

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Digitally signed by SUSHIL KUMAR SINGH Date: 2022.11.28 17:32:20 IST Reason: Location: High Court of Judicature at Allahabad

Surjeet v. State of U.P.

Case brief

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Surjeet v. State of U.P.

Case brief

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