Regular bail application for an accused in an attempted-murder case where witnesses allegedly assigned only a general role. Court noted parity with an already-enlarged co-accused, no criminal history, and prolonged custody since November 2023, and granted bail with conditions.
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Neutral Citation No. - 2024:AHC-LKO:81801
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2101 of 2024
Applicant :- Satish Chandra @ Chhotey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anupam Bajpai,Indra Pratap Singh,Pawan Kumar Dwivedi,Pratyush Rawat,Rajan Mishra,Rakesh Kumar Mishra,Soumya Dixit
Counsel for Opposite Party :- G.A.,Amit Singh
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Amit Singh, learned counsel for the informant and learned AGA for the State as well as perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 577 of 2023, under Sections 34, 307, 323, 504 and 506 IPC, Police Station Mohammadpur Khala, District Barabanki.
Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that that no specific role is assigned so far as in narration of the First Information Report is concerned. He submits that even the injured and other witnesses have not assigned the specific role to the accused persons and this cannot be segregated that on whose blow the injured persons have received injuries. He submits that identically situated co-accused, namely, Lalit Kumar @ Kunne has already been enlarged on bail by this Court vide order dated 25.11.2024 passed in Crl. Misc. Bail Application No. 3110 of 2024, as such the present applicant is also entitled to be released on bail on the ground of parity. He further submits that the chargesheet has been filed in the matter and the applicant is languishing in jail since 27.11.2023 having no criminal history to his credit and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail.
Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the First Information Report and even injured as well as other witnesses have named the present applicant and the injured persons have received serious injuries and, as such, he is not entitled for any relief.
Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that no specific role has been assigned to the present applicant by the injured persons as well as by other witnesses; general role has been assigned to all the accused persons and it cannot be ascertained that on whose blow the injured persons have received injuries; similarly situated co-accused has already been enlarged on bail; the applicant has no previous criminal history and he is languishing in jail since 27.11.2023 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.
Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant- Satish Chandra @ Chhotey , involved in the aforementioned crime, be released on bail, 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and
(4) 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, the trial court shall initiate proceedings against him, in accordance with law under
Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 6.12.2024 kkv/
Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant should be released on regular bail in Case Crime No. 577 of 2023 under Sections 307, 323, 504 and 506 IPC given absence of a specific assigned role.
7 provisions across 3 enactments
Satish Chandra @ Chhotey
State of U.P.
Shree Prakash Singh
As recorded by the court registry
3 orders share this CNR
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