Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24338 of 2019 Applicant :- Smt. Aarti Vishwakarma And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sachida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 502 of 2016 under Sections 147, 148, 323, 504, 506, 308 IPC, Police Station Sahjanwan, District Gorakhpur, with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicants is that they have been falsely implicated in the present case and that no specific role has been assigned to the applicants in the alleged incident. It has been further argued that as per the opinion of the doctor all the injuries sustained by the injured Shivjeet are simple in nature and thus, prima facie, no case under Section 308 IPC is made out. It has been further submitted that there was dispute of property between the parties and in second appeal the Court has passed order of status-quo. It has been further submitted that both the applicants are ladies and applicant no. 2 is daughter of applicant no. 1. It has been lastly submitted that the applicants are in judicial custody since 19.05.2019 and have no previous criminal history. In case applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicants Smt. Aarti Vishwakarma and Km. Sarita Viswakarma involved in the aforesaid crime be released on bail on their furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
Order Date :- 14.6.2019 LBY