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IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
Rajendra Singh Yadav @ Raju Jahreela - Applicant
Versus
State of U.P. - Opposite Party
Application U/s 482 No. 10247 of 2021
Decided On : 15-11-2021
Criminal Procedure Code, 1973 - Section 482 and 167(2) – Indian PEnal Code, 1860 - Sections- 302, 307, 504, 506 - Constitution of India, 1950 - Article 21 – Criminal Intimidation and Murder - Right to claim default bail - Grant of "default bail" - Procedure when investigation cannot be completed in twenty-four hours - Petitioner is held entitled to grant of "default bail" on facts and in circumstances of this case. Trial Judge should release petitioner on "default bail" on such terms and conditions as may be reasonable. However, we make it clear that this does not prohibit or otherwise prevent arrest or re-arrest of the petitioner on cogent grounds in respect of subject charge and upon arrest or re-arrest, petitioner is entitled to petition for grant of regular bail which application should be considered on its own merit. Court make it clear that this will not impact on arrest of petitioner in any other case - Held, Once accused files an application for bail under Proviso to Section 167(2) he is deemed to have ''availed of' or enforced his right to be released on default bail, accruing after expiry of stipulated time limit for investigation - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application; or subsequent filing of charge-sheet or a report seeking extension of time by prosecution before Court; or filing of charge-sheet during interregnum when challenge to rejection of bail application is pending before a higher Court - Where accused fails to apply for default bail when right accrues to him, and subsequently a charge-sheet, additional complaint or a report seeking extension of time is preferred before Magistrate, right to default bail would be extinguished. Magistrate would be at liberty to take cognizance of case or grant further time for completion of investigation, as case may be, though accused may still be released on bail under other provisions of the CrPC – Application allowed.
JUDGMENT :
1. Heard Mr. Amit Daga, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This application under Section 482 Cr.P.C. has been filed challenging order dated 24.03.2021 passed by Chief Judicial Magistrate, Jhansi in Bail Application No.480 of 2021, (CNR No.UPJS04004212021) filed by applicant in Case Crime No.507 of 2020 (State of U.P. Vs. Rajendra Singh Yadav @ Raju Jahreela) under Sections- 302, 307, 504, 506 I.P.C., Police Station-Prem Nagar, District-Jhansi, whereby aforesaid application dated 23.03.2021 filed by applicant seeking his enlargement on bail on account of default, has been rejected.
4. Record shows that in respect of an incident, which is alleged to have occurred on 19.12.2020, a prompt F.I.R. dated 19.12.2020 was lodged by first informant, Sanjay and was registered as Case Crime No.507 of 2020, under Sections-302, 307, 504, 506 I.P.C., Police Station-Prem Nagar, District-Jhansi. In the aforesaid F.I.R., three persons, namely, Rajendra Singh Yadav (applicant herein), Yogendra Singh Yadav and Pinku Parihar were nominated as named accused, whereas one unknown person was also nominated as an accused.
5. Subsequent to afore-mentioned F.I.R. dated 19.12.2020, Investigating Officer took steps for ensuring inquest (panchnama) of deceased. Accordingly, inquest of deceased was conducted on 20.12.2020 and an Inquest Report dated 20.12.2020 was prepared. From perusal of same, copy of which is on record as Annexure-3 to the affidavit, it is apparent that the names of panch-witnesses, place where inquest was conducted, time and duration of inquest are duly mentioned therein. However, the case crime number is conspicuous by its absence.
6. Thereafter, post-mortem of deceased was conducted on 20.12.2020. The doctor, who conducted autopsy on the body of deceased, prepared post-mortem report dated 20.12.2020. Copy of same is on record as Annexure-4 to the affidavit. As per post-mortem report, deceased sustained following ante-mortem injuries:-
(b) Exit wound 2 cm lateral to the right nipple, margin are everted, sixe 3 cm x 2 cm.
(c) Bullet track pathway from back of right thoracic area, fracture 4th thoracic ribs on the side of wound, than piercer to heart and exit from wound and fracture 5th ribs on the side of wound.
(d) Abrasion on right side of scalp 7 cm above from right ear size 7 cm x 6 cm.
(e) Abrasion 3 cm lateral to right eye size 4 cm x 2 cm.
(f) Abrasion on right shoulder size 2 cm x 1 cm.
(g) Abrasion on right knee (front) size 2 cm x 1 cm.
(h) Abrasion on medial side of right knee size 2 cm x 2 cm.
(i) Abrasion on left knee size 2 cm x 1 cm.
7. In the opinion of doctor, cause of death of deceased was shock and haemorrhage, as a result of fire arm injury.
8. It is apposite to mention here that on 19.12.2020, Investigating Officer collected plain and blood coated pebbles, blood soaked towel, one head of 315 bore cartridges, one right side plastic panel of red colour pertaining to deluxe motor-cycle. He, accordingly prepared recovery memo of same dated 19.12.2020.
9. Investigating Officer continued with the investigation of concerned case crime number and examined various witnesses under Section 161 Cr.P.C. Ultimately, applicant Rajendra Singh Yadav alias Raju Jahreela was arrested on 23.12.2020. On the same day, applicant was produced before concerned Magistrate, who remanded him to judicial custody, vide order dated 23.12.2020.
10. Since even after expiry of a period of 90 days from the date of lodging of F.I.R. dated 19.12.2020 or 23.12.2020 i.e. when applicant was first remanded to judicial custody or from 24.12.2020, i.e., the date subsequent to the order of first judicial remand of applicant, no charge-sheet was submitted within 90
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