The Allahabad High Court has granted conditional bail to Saksham Shukla of Prayagraj’s Handia, who was involved in an assault and murderous attack.
A single-judge bench of Justice Dinesh Pathak passed this order while hearing a Criminal Misc Bail Application filed by Saksham Shukla.
The bail application has been filed by the applicant for enlarging him on bail in Case under Sections 147, 148, 149, 323, 336, 307, 452, 392, 427 and 506 IPC, Police Station Handia, District Prayagraj.
As per the FIR version, general allegations have been made against all the named accused except Anil Kumar Shukla, who was assigned the role of firing on Shubham Shukla.
It is mentioned that all the accused have barged into the house of the first informer and beaten up Ravi Shankar Shukla as well as the mother of the applicant namely Savitri Devi.
It is submitted by Senior Counsel that general roles have been assigned to all the accused except one Anil Kumar Shukla. No specific role has been attributed to the applicant Saksham Shukla. Shubham Shukla has been shown to be injured by the fire-arm shot by Anil Shukla. Ravi Shankar and Savitri Devi have been inflicted wounds due to being beaten up by sticks.
In the medical report, a total two wounds have been inflicted on Ravi Shankar Shukla (injured). Both the injuries have been shown as lacerated wounds. For the first injury, it was kept under observation subject to the x-ray report and the second injury has been shown as simple injury which has been shown to be caused by the blunt and hard object. Till date, no x-ray report is available. So far as two injuries inflicted on hand and foot respectively to Savitri Devi are concerned, as per injury report, both are shown as simple in nature.
It is further submitted that injuries sustained by the injured persons are not so fatal as to make out a case under Section 307/308 IPC. The application has illegally been implicated due to the political antipathy in the village. No recovery has been shown to be made from the possession of the applicant. It is stated that there is no criminal history of the applicant.
Per contra, counsel for the first informant has vehemently opposed the bail application alleging therein that all the accused, with common intention, have beaten up the injured persons which caused serious injuries. It is next submitted that due to injuries caused, Savitri Devi died in the hospital.
Senior counsel submitted that she died a natural death. He has invited the attention of the Court towards the police report dated December 18, 2021 wherein it is mentioned that Savitri Devi had died a natural death. He has also supplied the photostat copy of post-mortem report of Savitri Devi wherein infection in both lungs has been shown and reason of death is shown as septicaemia shock. Copy of the same has been kept on the record. It is further submitted that no particular role has been assigned to the applicant.
Counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner.
Additional Government Advocate opposed the bail application and contended that innocence of the applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in another case. In case he is released on bail, he may misuse the liberty of bail.
“Considering the facts and circumstances of the case as well as the submissions made by the counsel for the parties, without expressing any opinion on the merits of the case, the Court is inclined to grant bail to the applicant,” the Court observed.
The Court ordered that,
Let the applicant Saksham Shukla be released on bail in the case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
2. The applicant will abide by the orders of the Court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
3. The applicant will not indulge in any unlawful activities.
4. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned before the bonds are accepted and in case of breach of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.