Allowed

Mukesh v. State of U.P.

Allahabad HC10 Apr 2023BAIL/59514/2022

Case brief

AI extract

What is this about?

In a bail application filed in connection with an offence of rioting and attempted murder, the High Court allowed the applicant to be released on bail after imposing standard conditions to prevent tampering with evidence and ensuring appearance in court.

What did the court decide?

Applicant Mukesh be released on bail on furnishing a personal bond and two heavy sureties with specific undertakings.

Mukesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59514 of 2022

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Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mukesh, seeking enlargement on bail during trial in connection with Case Crime No. 56 of 2022, under Sections, 147, 148, 149, 452, 323, 504, 324, 336, 427, 506, 302, 307 I.P.C. registered at P.S.- Gonda, DistrictAligarh.

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There is allegation against the 10 persons in the FIR, including the applicant, that they came armed with lathi-danda, pharsa and sariya to the house of the informant and put the motorcycle standing outside his house on fire. On protest by the informant side, they started beating by lathi-danda, bricks and stones. Indrajeet son of Mukhteyar Singh, suffered serious injury on head. After hearing the noise Harendra Singh and Saurabh Singh son of Rampal Singh, Jitendra Singh son of Pooran Singh, came to save them and they also suffered injuries on their hands and legs. Kamlesh Devi, wife of Rampal Singh, also suffered injuries on the hand. The accused person entered into the house of informant and after committing the offence of misbehaviour inside the house they threw stones and bricks in the house. Police was dialed on No. 112 and number of villagers gathered around and then the accused persons left the place of incident after extending threats to their lives.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The recovery shown from the instance of the applicant is false one and in the FIR no role has been assigned to the applicant. In the present case, the case of the applicant is on the same footing with the case of other co-accused who have been released on bail namely the co-accused Veeru alias

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Dilip and Naresh, Narendra Kumar have been released on bail by co-ordinate Benches of this court on 31.01.2023, 30.01.2023, 14.02.2023 passed in Crl. Misc. Bail Application Nos. 37183, 56640, 37936 of 2022. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 26.08.2022 having no criminal history.

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Per contra, learned AGA for the State as well as learned counsel for the informant have opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Mukesh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 10.4.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Mukesh v. State of U.P.

Case brief

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Mukesh v. State of U.P.

Case brief

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