IMPORTANT POINT
Defence on part of accused is required to be considered at the time of trial.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 18.01.2022 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 49828 of 2021, by which, the High Court has directed to release respondent No. 2 – original accused on bail in Case Crime No. 95 of 2021 of Police Station Falavda, District Meerut for the offences punishable under Sections 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302 and 34 of IPC, original informant – original complainant has preferred the present appeal.

2. At the outset, it is required to be noted that respondent No. 2 herein and others were specifically named in the FIR. A land dispute was going on between respondent No. 2 – Mehtab and the complainant side. It was specifically alleged in the FIR which was given by the appellant that the land dispute of a land in possession of informant – Yashpal Singh was pending in the Court against accused Mehtab and Deepak. It was further alleged that on intervening night of 29/30.06.2021 a tractor was driven over standing crops on the disputed land in question by the accused persons with intention to take over possession and all these accused persons were armed with pistols, lathi, iron rod etc. It was further alleged that informant along with his family members and people of village came to the spot and at that time accused persons attacked them with intention to kill, consequent to which Sompal brother of informant died on the spot and Sunder, Naresh, Mohit, Luvkush and Ankush were seriously injured. It was further alleged that accused Vikas @ Pappu fired shot at the deceased and the accused persons fled extending threat of death. During the investigation, the statement of injured eye witness – appellant herein has been recorded and he supported the FIR version.

2.1 That thereafter respondent No. 2 herein, after his arrest and after his bail was rejected by the learned Trial Court, approached the High Court by way of present bail application. By the impugned judgment and order without considering the seriousness and/or gravity of the offences committed by the accused more particularly respondent No. 2 and without giving any reason, has released respondent No. 2 on bail.

3. We have heard learned counsel appearing on behalf of the respective parties at length.

4. We have gone through the allegations made in the FIR. It is required to be noted that the land dispute between respondent No. 2 – Mehtab and complainant side is the motive. It is alleged in the FIR that on the earlier night they ran over the tractor on the standing crop and the accused persons tried to take over the possession. That thereafter when the informant and others gathered at the spot the accused persons named in the FIR attacked them and in the said incident brother of the informant died and other persons were seriously injured. The aforesaid aspect has not at all been considered by the High Court while releasing respondent No. 2 on bail. No reason whatsoever has been given by the High Court while releasing respondent No. 2 on bail. When the accused person is facing the trial under Sections 147, 148, 307, 302 and other offences of IPC, which can be said to be are very serious offences, the High Court ought to have given cogent reasons while releasing respondent No. 2 on bail except narrating the submissions made on behalf of the accused and the State, no further independent reason has been given by the High Court while releasing respondent No. 2 on bail.

4.1 From the impugned judgment and order passed by the High Court, it appears that it was submitted on behalf of the accused that there was a dark night therefore, it was not possible to identify the accused and/or the person who attacked and it appears that without giving any cogent reason the High Court has prima facie accepted the same. However, it is required to be noted that the accused persons were known to the complainant. There was a prior enmity.