The Allahabad High Court has granted conditional bail to Chhakkan Lal Patel, who is the accused in a case where one person died and four others were injured in a fight.
A Single Bench of Justice Nalin Kumar Srivastava passed this order while hearing a Criminal Misc Bail Application filed by Chhakkan Lal Patel.
This is the second bail application moved on behalf of the applicant – Chhakkan Lal Patel involved in Case under Sections 304, 326, 323, 504, 506, 427 I.P.C, Police Station Karchhana, District- Prayagraj.
The first bail application of the accused-applicant was rejected by the Court on 6.12.2022.
It is submitted by the counsel for the applicant that it is a cross case. A fight took place among both the parties, where persons from both sides got injured. From the prosecution side, four persons and from the accused side also, two persons are said to have been injured. From the prosecution side, one person is said to have died. The applicant also suffered head injury. No explanation regarding the injuries sustained by the applicant’s side has been offered by the prosecution. It is a case of sudden fight where there was no motive. A general role of assault has been assigned to all the accused persons.
It is further submitted that the applicant is languishing in jail since 26.07.2022.
It is also submitted that the first bail application moved by the applicant was rejected on merits by the coordinate Bench of the Court by the order dated 6.12.2022, but subsequently the bail application moved by co-accused Krishan Bahadur @ Kishan as registered and Bail Application moved by co- accused Kamlesh Prasad @ Kamlesh were allowed by the Court by orders dated 6.5.2024 and 12.8.2024 respectively, who were having similar role as alleged against the applicant. Hence, the prayer for bail is made.
A.G.A opposed the bail application on the ground that the injuries sustained by the accused persons are simple in nature, while from the prosecution side, five persons are injured and out of these, one injured succumbed to the injuries after four days of the incident. Injured Shiv Babu sustained injuries in his eye.
As per supplementary report, his left eye is Nil and this injury is found to be grievous in nature. Thus, from the prosecution side, one person has lost his eye and one person has lost his life, while from the accused side, two persons are injured and their injuries are found to be simple. The accused persons were the aggressor.
It is further submitted that the first bail application moved by the accused applicant has already been rejected on merits and as such, the applicant is not entitled for bail.
The Court observed that,
From the perusal of the record, it is found that, though, a general role of assault by lathi, danda and katvasa, is assigned to all the accused persons as per FIR, but from the prosecution side one person has died due to injuries sustained in the fight and injured Shiv Babu has lost site of his left eye, while from the accused side, two persons have sustained injuries and their injuries are found to be simple in nature.
As per postmortem report, the deceased sustained four injuries, one on skull, one on both the eyes and two injuries on forearm and toe respectively. The cause of death is found to be coma and septicaemic shock due to head injury and infection in both lungs. Who was the aggressor would be decided at the time of the disposal of the trial.
The second bail application has been moved on the ground that two co-accused persons were granted bail by the Court subsequent to passing of the order for rejection of application for grant of bail in respect of the applicant.
“Having heard the submissions advanced by counsel for the parties and keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the counsel for the parties and the fact that the co-accused, having similar role, have been granted bail by the Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail,” the Court further observed while allowing the bail application.
The Court ordered that,
Let applicant Chhakkan Lal Patel involved in Case under Sections 304, 326, 323, 504, 506, 427 I.P.C, Police Station Karchhana, District- Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(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 will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.