Neutral Citation No. - 2024:AHC-LKO:59696
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7681
of 2023
Applicant :- Kundan Rajak
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt.
Of Home Lko. And 3 Others
Counsel for Applicant :- Jay Prakash Singh,Hemant
Tripathi,Vinayak Tiwari
Counsel for Opposite Party :- G.A.,Komal Prasad
Tiwari,Pushkal Shukla
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.
None appears for the complainant.
The present bail application has been filed by accused-applicant
seeking bail in Case Crime No.36 of 2023, under Sections 307,
323, 504, 506, 354 I.P.C., Section 7/8 of POCSO Act and
Section 3/25 Arms Act, P.S. Kandhai, District Pratapgarh.
It is alleged that on 12.02.2023 in the college of the informant
farewell function of Class XII was organized by Class XI.
After the closure of the function at 02:15 pm while the students
were going outside, the applicant caught hold the neck of the
girl studying in Class XI and started dragging her. Seeing this,
the informant scolded the applicant who was having firearm in
both his hands and fired upon him somehow he has saved
himself and bullet came on the wall.
Learned counsel for applicant submits that applicant has been
falsely implicated in this case, the informant is running ten
institutions in District Pratapgarh, he is very powerful person.
There is no bullet recovered from the wall by the police which
falsifies the prosecution case. The statement of the victim under
Sections 161 & 164 Cr.P.C. are false as the allegation on the
applicant is that he was having firearms in both his hands and
still was dragging the victim by holding her neck is highly
improbable. Ingredients to attract Section 307 IPC are missing,
the story has been concocted only to increase the gravity of the
offence. Applicant is in jail since 14.02.2023. The charge-sheet
in the case has been filed. Applicant undertakes to cooperate in
the trial.
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 14.02.2023, charge-sheet in the case has been filed,
applicant has no criminal history, complainant has not suffered
any bullet injury so also the judgment of 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 Kundan Rajak 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