This judgment grants bail to an applicant accused of assault and culpable homicide in a free-fight case where both sides suffered injuries and no specific role was attributed.
Accused-applicant released on bail via personal bond and two sureties subject to strict conditions regarding court attendance and cooperation.
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Neutral Citation No. - 2024:AHC-LKO:41342
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4585 of 2024
Applicant :- Virendra Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Rudra Mani Shukla Counsel for Opposite Party :- G.A.,Gyanendra Mishra
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Rudra Mani Shukla, learned counsel for the applicant, learned Additional Government Advocate for the State and Sri Gyanendra Mishra, learned counsel for the complainant/ informant.
2.As per learned counsel for the applicant, the present applicant (Virendra Kumar) is languishing in jail since 12.01.2024 in Case Crime No.05 of 2024, under Sections 323, 504, 506, 304 & 34 I.P.C., Police Station-Dhammaur, District-Sultanpur.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.
4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the general allegations of assault and beating has been attributed to all the accused persons including the present applicant, as no specific role has been attributed to any one. This is a case of free fight between the parties having no ill motive or intention but on account of trivial dispute one F.I.R. has also been lodged from the side of the present applicant bearing Case Crime No.0009 of 2024, under Sections 147, 323, 504, 506 & 452 I.P.C., Police Station-Dhammaur, District-Sultanpur against the other side i.e. the informant side in the present case. Both the sides have suffered injuries. On account of fatal injury, one person died from the side of the informant. Therefore, the charge-sheet has been filed under Section 304 I.P.C. besides other sections. However, from the side of the present applicant one person has suffered serious injuries in his hand as his hand has been fractured. Though this is a trite law that in such type of cases where in a spur of moment or on account of sudden provocation a free fight occurred and as to who is the first aggressor would
be decided by the learned trial court, but in the present case, the incident in question has been committed in front of the house of the present applicant as this is not a case of the prosecution that others had gone to the place of the informant to assault them. The victim has sustained two injuries, but as per the prosecution story, the offence of assault and beating has been committed by the four persons having sticks, cane and iron rod, therefore, it may not be said as to who has caused fatal injury.
5. Learned counsel for the applicant has submitted that the present applicant is having no previous criminal history of any kind whatsoever and if he is released on bail he shall cooperate with the trial proceedings properly and shall not misuse the liberty of bail and shall abide by the terms and conditions of the bail order.
6.On the other hand, learned Additional Government Advocate as well as learned counsel for the informant have opposed the prayer for bail of the present applicant by submitting that one injured person from the side of the informant succumbed to the serious injuries, therefore, this bail application may be rejected.
7.Having heard learned counsel for the parties and having perused the material available on record and considering the fact that there was a free fight between the parties; general allegations of assault and beating have been attributed to all the accused persons including the present applicant and no specific role has been attributed to any one; both the sides have suffered injuries; the present applicant is having no previous criminal history and the undertaking that he shall cooperate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by the terms and conditions of the bail order but without expressing any opinion on the merits of the case, I find it appropriate that the present applicant may be enlarged on bail. Therefore, the instant bail application is allowed.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
(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.
(iii) In case, the applicant misuses the liberty of bail 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.
(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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court.
[Rajesh Singh Chauhan,J.]
Order Date :- 30.5.2024 Suresh/
Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail ought to be granted to the applicant accused in a criminal case involving death and assault charges.
Virendra Kumar
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
5 orders share this CNR
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