Bail Assault Incident/Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC
ALLAHABAD HIGH COURT
Satish vs State of UP CRLMBA 53/21 12/09/22 SUBHASH JJ
Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC Bail Assault Incident took place because of a dispute between the parties regarding a piece of agricultural land F.I.R, alleges assaults made by sharp edged weapons by the applicant as by the co-accused As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail Application filed with affidavit of woman of the family stating that applicant has no criminal history – Neither applicant signed the affidavit nor has he provided any false information – Applicant claims to be recorded tenure holder of the piece of land in question – Members of both parties suffered injuries – Who was aggressor yet to be ascertained – Co-accused already granted bail – Applicant already acquitted in five out of 6 cases – Applicant directed to be released on bail – Conditions imposed – Bail application allowed. [Paras 4, 18, 19 and 21]
In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. The incident took place because of a dispute between the parties regarding a piece of agricultural land. The affidavit contains and undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence.
18. In Emperor v. H. L. Hutchinson AIR 1931 All 356, this Court had held that an accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
19. Having considered the submissions made by the learned Counsel for the parties in light of the law explained in the above referred judgments and gone through the record, I find the following factors to be relevant for deciding the application for grant of bail to the applicant: –
(i) The applicant claims himself to be a recorded tenure holder of a certain piece of land and the incident took place because the informant and some other persons of his side also claim rights in respect of the same land;
(ii) The applicant had lodged a Non Cognizable Report of the incident promptly on the same day i.e. on 05.10.2020, at 23:08 hours against the informant Raja Singh, his father Dinesh Singh and his uncle Sumant Singh complaining about the incident;
(iii) The medico legal examination reports of the applicant and Gore Sachan indicate that both of them had suffered injuries in the incident;
(iv) The present case prima facie appears to be a cross case and it is yet to be ascertained as to who was the aggressor;
(v) The F.I.R., alleges assaults made by sharp edged weapons by the applicant as by the co-accused Uttam Tiwari and the assaults made by both of them are said to have resulted in simple injuries to two brothers, and the co-accused Uttam Tiwari has already been granted bail by means of an order dated 01.02.2021 and the case set up against the applicant is similar to that set up against the co-accused Uttam Tiwari;
(vi) Although the applicant has a criminal history of six cases, in five cases he has already been acquitted and the appeal filed by the applicant against the conviction in the sixth case has been admitted by this Court and the order of sentence has been suspended by this Court;
(vii) The affidavit filed in support of the bail application contains an undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence and nothing has been said in the counter affidavit so as to raise a reasonable doubt against this undertaking ;
(viii) As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail.
20. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
21. Let the applicant Satish Sachan be released on bail in Case Crime No. 481 of 2020, under Sections 147, 148, 149, 307, 452, 324, 504, 506 IPC, Police Station Ghatampur, District Kanpur Dehat on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv) 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 to any police officer or tamper with the evidence.
22. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
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