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Chhotey Lal v/s State of U.P.


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

    Criminal Misc. Bail Application No. 13773 of 2020

    Decided On, 28 August 2020

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE SAMIT GOPAL

    For the Petitioner: B.N. Singh, Manish Kumar Singh, Advocate. For the Respondents: G.A.



Judgment Text


Heard Sri Manish Kumar Singh, learned counsel for the applicant, Ms. Manju Thakur, learned AGA for the State and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Chhotey Lal, seeking enlargement on bail during trial in connection with Case Crime No. 504 of 2019 (S.T. No. 21 of 2020), under Section 302 I.P.C., registered at P.S. Rasoolabad, District Kanpur Dehat.

Learned counsel for the applicant argued that the first information report has been lodged by the wife of the deceased, who states that her husband used to sleep in the night in the field and in the morning on 21.9.2019 at about 6.00 A.M. when she went there for feeding the cattles, she found her husband lying in an injured condition near an engine who was unable to speak properly, who said that Harishchandra and Chhotey Lal who is the present applicant, have done their job and have injured him in order to remove him from their way. It is stated by the first informant that her husband was immediately taken to C.H.C., Rasoolabad where after some treatment, was declared dead.

Learned counsel for the applicant has placed before the Court the statement of the first informant recorded under Section 161 Cr.P.C., copy of which has been annexed as annexure no. 5 to the affidavit, in which among other details regarding motive of incident she states that her husband who was unable to speak clearly, and by gestures, stated that Chhotey Lal assaulted him with Banka and injured him while co-accused Harishchandra caught hold him. Learned counsel for the applicant then places annexure no. 8 to the affidavit, which is the copy of recovery memo which states that from the pointing out of the applicant an iron Banka and a shirt have been recovered from a room where the same was hidden in a wooden deck.

While assailing the recovery memo at the very first instance, learned counsel for the applicant argued that there is no public witness to the said recovery and the same does not get connected with the said incident. He places para-20 of affidavit also in support of his arguments and proceeds to argue that no forensic report to the recovered articles stating that blood was found on the same, is on record and hence, there is no credible evidence to the effect that blood found on the recovered articles, was of the deceased. While critically arguing about the version as stated by Smt. Guddi Devi, the wife of the deceased, who is the first informant also, it is argued that in the F.I.R. initially she stated that her husband had stated by words of mouth that the applicant and co-accused Harishchandra have done their job and they assaulted him so that he may be eliminated. But later in her statement recorded under Section 161 Cr.P.C., it is argued that she has stated that her husband by action, as he was not in a condition to speak, has separated the role of the applicant to that of co-accused i.e. the applicant assaulted the deceased with banka and the co-accused Harishchandra caught hold the deceased. It is thus argued that the same is a material improvement in the prosecution version just in order to implicate the applicant and give a different colour to the incident.

Attention of the Court has been drawn to the order dated 07.1.2020 passed with regard to co-accused Harishchandra by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 57929 of 2019 (Harishchandra vs. State of U.P.), copy of which has been annexed as annexure no. 11 to the affidavit and it is argued that he has been granted bail though it is not argued that the present bail is being pressed on the ground of parity as the order states that the role of co-accused Harishchandra is distinguishable from that of the present applicant as he has been said to have assaulted the deceased but in a series of arguments the same has been brought to the attention of the Court.

It is further argued on the strength of para-26 and 28 of the affidavit that the applicant has no criminal antecedents and is in jail since 23.9.2019. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.

Per contra, learned AGA has opposed the prayer for bail and has argued that in so far as the arguments regarding no report of any forensic expert is concerned, as has been argued and pleaded in para-20 of the affidavit, it is argued that as per her instructions and even the case diary, the articles have been sent to forensic expert but there is no report in the case diary and neither any report has been reported in the instructions received by her.

However, addressing in the matter, learned A.G.A. has argued that so far as the applicant is concerned, his name finds place in the F.I.R. and also in the statement recorded under Section 161 Cr.P.C. of the first informant, who is the wife of the deceased and, there is consistency in so far as naming of the applicant is concerned. In so far as the gesture of the deceased as mentioned in the F.I.R. and later in the statement recorded under Section 161 Cr.P.C. of the first informant is concerned, learned A.G.A. stated that arguments as raised cannot be negated as the same is a matter of record.

After having heard learned counsel for the parties and perusing the record, it is clear that there is distinction in the version given by the first informant regarding the information as passed on by the deceased to her. In the F.I.R. she states that the deceased has informed her by words of mouth regarding participation of the applicant and the co-accused but in her statement recorded under Section 161 Cr.P.C., she states that the deceased was not in a condition to speak, as such by gesture, he stated that the present applicant assaulted him by banka and the co-accused Harishchandra caught hold of him.

Looking to the facts and circumstances of the case and sharp contrast and distinction specifically with regard to detailing of information being passed by the deceased as alleged to the first informant being his wife, and both being in contrast with each other, I find it to be a fit case to enlarge the applicant on bail.

Let the applicant- Chhotey Lal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.


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/>(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. The bail application is allowed. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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