Allowed

Guddu @ Akhilesh v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Allahabad HC24 Jan 2023/913/2023

Case brief

AI extract

What is this about?

The High Court released the applicant on bail in a criminal case involving Sections 504, 147, 148, 149, 506 and 302 IPC. The court considered the applicant's health condition and lack of specific role attributed in the FIR favorable to granting bail.

What did the court decide?

Release of applicant on personal bond and two sureties with undertaking to cooperate in trial and not seek adjournments.

Guddu @ Akhilesh Vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 913 of 2023

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Applicant :- Guddu @ Akhilesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko.

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Counsel for Applicant :- Ravi Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ravi Singh, learned counsel for the applicant and learned A.G.A. for the State.

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Learned AGA has filed counter affidavit, the same is taken on record. Learned counsel for the applicant has stated that the applicant shall not file rejoinder affidavit and his bail application may be disposed of.

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As per learned counsel for the applicant, the present applicant is in jail since 02.11.2022 in Case Crime/FIR No.0436 of 2022, under Sections 504, 147, 148, 149, 506 & 302 IPC, Police Station – Sareni, District – Raebareli.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has stated that the present applicant is serving as Head Constable in the State of Chhatisgarh. He was on leave when the alleged incident in question had taken place. He has further stated that in the FIR, general allegations have been levelled against the present applicant inasmuch as the role of assault or beating has not been attributed to the present applicant. Even in the statement of the informant and other witnesses, no specific role has been attributed to the present applicant. In the statement of some other persons/ witnesses, it has been indicated that the present applicant was trying to resolve the issue. Sri Singh has further submitted that on account of village rivalry, the present applicant has been falsely implicated having ulterior motive so that he could loose his employment/ service of Head Constable. Co-accused persons, namely, Bablu and Om Prakash Yadav have been assigned the weapon 'Farsa' as well as Deepu Yadav and Ram Baran have been assigned the weapon 'Lathi & Danda', but no specific weapon has been assigned to the present applicant. Sri Singh has also drawn attention of this Court towards Annexure No.8 of the application, which are the medical papers confirming that the present applicant is

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suffering from mouth cancer, therefore, on the medical ground also, the present applicant may be released on bail. He has further submitted that charge sheet has been filed. The applicant undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.

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Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; contents and allegations of the FIR; the fact that no specif allegation of beating or assault has been attributed to the present applicant, more particularly, no weapon has been assigned to him, rather specific role and weapon has been assigned to other co-accused persons; in some of the statements of the persons, it has been indicated that the present applicant was trying to resolve the issue; the present applicant is suffering from mouth cancer; charge sheet has been filed and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Let applicant- Guddu alias Akhilesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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 sufficient cause, the trial court may proceed against him under Section 229-A 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 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.

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(v) The applicant shall not leave India without previous permission of the court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 24.1.2023 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Guddu @ Akhilesh v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Case brief

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Guddu @ Akhilesh v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

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