The Allahabad High Court has granted conditional bail to the accused in the case of death due to liquor dispute in Tarkulwa police station area of Deoria district.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a Criminal Misc Bail Application filed by Jamwant.
The applicant has approached the Court by way of filing the Bail Application seeking enlargement on bail in Case under sections 302, 323, 504, 506 and 34 I.P.C, Police Station-Tarkulwa, District Deoria.
According to the prosecution story, a struggle took place on a demand for liquor which resulted in a scuffle wherein one person died.
Counsel for the applicant submitted that out of proposed 18 prosecution witnesses, six have already been examined and according to prosecution story, alleged eye witnesses have not supported the case of prosecution even in the examination-in-chief and have been declared hostile.
He further submitted that the other three witnesses have already been declared hostile.
Counsel for the applicant also submitted that applicant is in jail since 6.10.2020 i.e about three and a half years.
Counsel for the applicant lastly submitted that there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will cooperate in the trial.
A.G.A has vehemently opposed the above referred submission but status of trial and nature of evidence has not been seriously disputed.
The Court observed that,
I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e ‘bail is rule and jail is exception’ as well as relevant factors for consideration of a bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced;
Therefore, the Court opined that is a fit case to grant bail to applicant mainly on following reasons:- (i) Applicant is in jail since 6.10.2020 i.e about three and a half years. Out of proposed 18 prosecution witnesses, six material witnesses have already been examined as such there is no reasonable apprehension of witnesses being influenced. (ii) Court takes note of the nature of evidence before the Trial Court that some alleged eye witnesses have not supported the prosecution case and were declared hostile. (iii) Court also takes note of the submission of learned counsel for the applicant that on the basis of the nature of evidence available before learned Trial Court at this stage, possibility of conviction appears to be very remote.
The Court ordered that,
Let the applicant-Jamwant, 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 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.
(iii) 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.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by the Trial Court without even issuing notice.
Accordingly, The Court allowed the bail application.