Mahesh Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

Neutral Citation No. - 2024:AHC-LKO:28436

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2149 of 2024

Applicant :- Mahesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.,Ajeet Kumar,Ganesh Nath Mishra

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent. The learned counsel for the complainant has filed a counter affidavit which is taken on record.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 1068 of 2023 Under Sections 147, 148, 149, 307, 323, 325, 342, 34 I.P.C. P.S. Kotwali Nagar, District Gonda.

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The submission of the learned counsel for the applicant is that as per the version of the FIR it is alleged that the uncle of the complainant was coming from his house Mohalla Gayatripurwa Gonda to his village Vishunpur on 21.12.2023, however, at around 10:30 PM. While speed of his car was slow as some construction was going on near the Village Soni Gabumati, the named persons in the FIR had overtook the vehicle and intercepted him and it is in the aforesaid backdrop they assaulted the victim with lathi, sticks and sharp edged weapons and had also fired gun shots and it is on account of this the uncle of the complainant had sustained injuries on his body and and head. Thereafter he was taken to the District Hospital from where he has been referred to Lucknow.

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The submission of the learned counsel for the applicant is that the the applicant has been falsely implicated. It is urged that there is no eye-witness of the said incident to connect the applicant to the alleged crime in question. It is also submitted that the manner in which the alleged incident has occurred and reported in the FIR is most improbable so also there is nothing incriminating recovered from the possession of the applicant and there is no reason that the applicant may influence any witness or tamper with the evidence. The applicant has no criminal history whatsoever. Thus, it is stated that the applicant,

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who is languishing in jail since 24.12.2023 may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Mahesh involved in Case Crime No. 1068 of 2023 Under Sections 147, 148, 149, 307, 323, 325, 342, 34 I.P.C. P.S. Kotwali Nagar, District Gonda be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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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)

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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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.4.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mahesh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

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Mahesh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

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