Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicant submits that cross First Information Reports were lodged by both the sides. First Information Report from the side of the applicant Achhey alias Ali Ahmad was lodged on the very next day whereas the First Information Report from the side of the informant was lodged after a delay of four days. Three persons, namely the applicant, Saddam and Zuber are injured from the applicant side.
It is further submitted that while filing the First Information Report, true and correct version of the occurrence has been suppressed and the injuries suffered by the applicant side have not been disclosed.
The co-accused Gaffar who was assigned the role of firing has been enlarged on bail vide order dated 2.7.2018 passed in Bail No.7609 of 2017.
The other co-accused Saddam and Nawab have also been enlarged on bail vide order dated 13.12.2019 passed in Bail No.11243 of 2019.
It is also submitted that the applicant has been assigned the general role of assault like co-accused Saddam and Nawab and therefore, the applicant's counsel claims parity of bail. The applicant has no other criminal history. The applicant is in jail since 11.9.2019.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant involved in Case Crime No595 of 2016 under Sections 147, 148, 149, 504, 506, 307, 323, 325 I.P.C., P.S. Jethwara, district Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 20.12.2019 kkb/