Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 787

IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Praveen – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Misc. Bail Application No.13444 of 2023
Decided on : 14-05-2024

Advocates:
Advocate Appeared:
For the Appellant :Rajrshi Gupta, Rizwan Ahamad, Sr. Advocate
For the Respondent: G.A., Harshit Gupta,Ramanand Gupta

IMPORTANT POINT
The court established that in cases involving serious charges such as murder and conspiracy, the burden is on the applicant to demonstrate why bail should be granted, especially in light of substantial evidence against them and a history of criminal behavior.

Headnote:
BAIL - Murder and Conspiracy - Sections 302, 506, 120B, 34, 201, 473 IPC - The court discussed the provisions of the Indian Penal Code (IPC) related to murder, criminal conspiracy, and the gravity of the offenses. It emphasized the importance of the evidence collected during the investigation, including witness statements and CCTV footage, which indicated the applicant's involvement as a contract killer. The court highlighted the principle that bail is the exception rather than the rule, particularly in serious offenses, and concluded that the applicant posed a flight risk and a danger to society, thus denying bail.
Fact of the Case:
The applicant, Praveen, sought bail in a case involving the murder of a businessman, who was shot dead by contract killers. The investigation revealed a conspiracy involving multiple accused, with the applicant being identified as a contract killer. The case was based on substantial evidence, including eyewitness accounts and CCTV footage.
Finding of the Court:
The court found that the applicant's involvement was supported by credible evidence, including confessions from co-accused and a history of serious criminal offenses. The court noted that the trial was nearing conclusion and emphasized the need for expeditious proceedings.
Issues: Whether the applicant should be granted bail considering the severity of the charges, the evidence against him, and his criminal history.
Ratio Decidendi: The court applied the principle that bail is the exception in serious offenses, particularly where there is a risk of the accused fleeing or repeating the offense. It also considered the nature of the evidence and the applicant's long criminal history as significant factors in denying bail.
Final Decision: The bail application was rejected, and the trial court was directed to expedite the trial process.

JUDGMENT :

Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri I.P.S. Tomar and Sri Rizwan Ahamad, learned counsels for applicant, Sri Roshan Kumar Singh, learned AGA for State and Sri Sagir Ahmad, learned Senior Advocate assisted by Sri Harshit Gupta, learned counsel for Informant.

2. Applicant-Praveen has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 543 of 2021 (Session Trial No. 1197 of 2022), under Sections 302, 506, 120B, 34, 201, 473 IPC, Police Station Civil Lines, District Aligarh.

3. This bail application was filed on 01.03.2023 and was taken up earlier for hearing on eight dates, however, it was mainly adjourned on request of counsel for applicant or due to his absence or for exchange of pleadings. Details of order passed on earlier dates are reproduced hereinafter:

4. Present case is arising out of an occurrence where a businessman was shot dead by multiple close range firearm shots (five entry and three exit firearm wounds) in his car by contract killers, who were following deceased by another vehicle, at about 08.45 PM on 27.12.2021 at a busy place in the heart of Aligarh City. A thorough investigation was conducted and a large conspiracy was unearthed. In was revealed that main conspirator was co-accused, Ankush Agrawal, whose bail application was rejected by a Coordinate Bench of this Court on 09.01.2023 (Neutral Citation No. 2023:AHC:5455). For reference reasons assigned to reject bail application are mentioned hereinafter:

Date	Order
01.06.2023	1. Counter affidavit, if any, be filed by the State counsel on or before the date fixed. 2. List this case on 12.07.2023 as fresh.
12.07.2023	Counter affidavit filed by learned counsel for the informant is taken on record. Learned counsel for the applicant prays for and is granted one week's time to file rejoinder affidavit. Put up this case on 20.7.2023 as a fresh case.
20.07.2023	As prayed put up this case on 1.8.2023 as a fresh case.
08.08.2023	As prayed, list this case on 28.8.2023.
20.09.2023	1. As prayed, list after two months
19.10.2023	1. Counsel for the applicant prays for adjournment. 2. Counsel for the informant informs that trial is on the verge of conclusion. 3. List this case peremptorily on 28.10.2023.
03.11.2023	Learned counsel for the informant informs that trial is on the verge of conclusion. Learned counsel for the applicant is seeking regular adjournment in this case. List this case after three months.
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4. Present case is arising out of an occurrence where a businessman was shot dead by multiple close range firearm shots (five entry and three exit firearm wounds) in his car by contract killers, who were following deceased by another vehicle, at about 08.45 PM on 27.12.2021 at a busy place in the heart of Aligarh City. A thorough investigation was conducted and a large conspiracy was unearthed. In was revealed that main conspirator was coaccused, Ankush Agrawal, whose bail application was rejected by a Coordinate Bench of this Court on 09.01.2023 (Neutral Citation No. 2023:AHC:5455). For reference reasons assigned to reject bail application are mentioned hereinafter:

"After hearing the rival contention, this court finds that main motive for commission of alleged offence has been attributed to the applicant by the witnesses. The settlement an amount of Rs. 90 lacs was disliked by the applicant since the deceased was pursuing the settlement and wanted that Deepti Gupta should be paid remaining amount of Rs. 45 lacs as permanent alimony by the applicant. The deceased was got murdered by the applicant by hiring shooters and hatching conspiracy wit