Neutral Citation No. - 2024:AHC-LKO:59817
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3327
of 2024
Applicant :- Jangali @ Om Prakash
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Shiv Shankar Verma,Aman Kumar
Dhanuk,Deshraj Singh,Indra Mani Pandey,Kaushal Kishore
Tewari,Ravindra Singh,Shakti
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The present bail application has been filed by accused-applicant
seeking bail in Case Crime No.08 of 2020, under Section 307
I.P.C., P.S. Sadarpur, District Sitapur.
In the prosecution case it is alleged that on 06.01.2020 at about
12:00 am in the night, the accused Jangali and Munna along
with other co-accused persons came inside the room of the
balli
informant with the help of a and took the informant from
home and dragged till 200 meters with intent to kill him, they
fired upon him. The bullet came on the right hand of the
informant. After the informant cried and villagers started
coming the accused ran away. It is also alleged that the cash and
jewellery kept in the almirah have also been stolen.
Learned counsel for applicant submits that injured has changed
the version of the F.I.R. While giving statement under Section
161 Cr.P.c. he has not made any allegation of robbery or theft.
He submits that till date charges have not been framed. He also
submits that perusal of the record shows that injured has
received a lacerated wound of 3.5 X 3 cm bone deep on his
right arm. It is a single injury.
Learned counsel for the applicant further submits that offence
will not travel beyond Section 325 IPC. The ingredients to
attract Section 307 IPC is missing. He submits that the
applicant is in jail since 26.02.2024.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of
the record as also the fact that the applicant is languishing in jail
since 26.02.2024, nature of the injury and the improvement
made by the complainant/injured in his statement under Section
161 Cr.P.C. so also the judgment passed by Supreme Court in
Javed Gulam Nabi Shaikh vs. State of Maharashtra and
another : Criminal Appeal No.2787 of 2024, without
expressing any opinion on merits of the case, I find it to be a fit
case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Jangali @ Om Prakash be released on bail in
aforesaid case crime number subject to his furnishing a personal
bond and two reliable sureties each in the like amount to the
satisfaction of the trial court concerned with the following
conditions:
(i) The applicant will not tamper with the evidence during the
trial.
(ii) The applicant will not pressurize/ intimidate the prosecution
witness.
(iii) The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the
evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 31.8.2024
Saurabh Yadav/-
Digitally signed by :-
SAURABH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench