Sunil vs State Of U.P.

Alok Mathur, J

Heard learned counsel for the applicant and learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.140 of 2021, under Sections 34, 323, 325, 504, 506, 304 I.P.C., Police Station Hariyavan, District Hardoi, with the prayer to enlarge him on bail.

Learned counsel for the applicants has submitted that the incident was taken place on 15.05.2021 and the F.I.R. in question was lodged by Chaman Kushwaha (son of Anant Ram Kushwaha) on 15.05.2021 at 19:43 hours with the allegations that the applicants and 10 named persons along with 7-8 unknown persons had assaulted the parents and brother of the informant, and the villagers intervened and save them. He also submitted that general allegations have been levelled against the applicant and the specific role has been assigned to co-accused Deep Singh in the statement of witnesses.

Learned counsel for the applicant has further submitted that it is undisputed that the place of incident is the door of brother of Rajesh Kumar Kushwaha and one F.I.R. No.0141 of 2021, under Sections 34, 323, 324, 504, 506 I.P.C., P.S. Hariyavan, District Hardoi was lodged by Rajesh Kumar Kushwaha on 15.05.2021 at 20:05 hours who is the co-accused person in the present F.I.R. He also submitted that in the F.I.R. lodged by Rajesh Kumar Kushwaha, the father of the informant of the present case was the accused along with others. He also submitted that in the said incident, the applicant's side also received injuries namely Gajrani, Ramesh and others.

Learned counsel for the applicant has further submitted that cross-cases were registered against each other by the parties. He also drew attention of the Court on the statement of the witnesses and they admitted that the incident was taken place near the door of brother of Rajesh Kumar Kushwaha. He also submitted that the applicant does not have any criminal antecedents except the present case and is in jail since 22.05.2021, the charge sheet has already been filed and there is no possibility for tampering of any evidence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

The submissions of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, he is having no criminal antecedent and is in jail since 22.05.2021. It is further submitted on behalf of the applicant that co-accused persons namely Rajnish Kumar & Sudhir Kumar, Rajesh Kumar Kushwaha, Ramasare and Amit Kumar @ Sonu having identical role, have already been granted bail by this Court, vide orders dated 07.09.2021 and 9.9.2021 passed in Bail Application Nos.9629 of 2021, 9661 of 2021, 9793 of 2021 and 9798 of 2021 respectively (photocopies of bail orders provided by learned counsel for the applicant are taken on record). In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused persons namely Rajnish Kumar & Sudhir Kumar, Rajesh Kumar Kushwaha, Ramasare and Amit Kumar @ Sonu, having identical role, have already been granted bail by this Court.

8.Learned A.G.A. has opposed the prayer for grant of bail to the applicant but he does not dispute this fact that cross F.I.R.s have been registered and both the sides received injuries in the said incident.

Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant - Sunil - be released on bail in the aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.