Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30270 of 2019 Applicant :- Afsar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Kalim Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Kulveer Singh, Advocate, has filed his Vakalatnama on behalf of complainant, which is taken on record.
Heard Sri Abrar Ahmed Siddiqui holding brief of Sri Mohd. Kalim, learned counsel for the applicant, Sri Kulveer Singh, learned counsel for the complainant, Sri Nagendra Kumar Mishra, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Afsar with a prayer to enlarge him on bail in Case Crime No.463 of 2019, under Sections 147, 148, 149, 307, 323, 324, 506 I.P.C., Police Station Deoband, District Saharanpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that it is a cross case in which for the incident dated 08.06.2019 FIRs have been lodged by both sides. It is argued that in the alleged incident both sides have received injuries in which four persons from the side of applicant and three persons from the side of informant have sustained injuries, but who was the aggressor cannot be determined at this stage. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 08.06.2019. Accordingly, he requests for bail.
Per contra, learned counsel for the complainant as well as learned counsel for the State has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 30.7.2019
Anand Sri./-