1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
Counter affidavit filed today in the Court is taken on record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0149 of 2016, under Sections 394 and 307 IPC lodged at Police Station Malipur, District Ambedkar Nagar.
It is alleged that the accused-applicant and co-accused tried to snatch bag full of cash from Ram Anugrah Singh, contractor in the Electricity Department, while he was going for depositing the bills; when Ram Anugrah Singh tried to catch-hold of the accused and co-accused, one of them fired on him which hit on thigh of Ram Anugrah Singh; two co-accused, Kamlesh and Sherbahadur Singh were caught hold by the persons present there, however, the present accused-applicant fled away from the scene; the country-made pistol with cartridge was recovered from co-accused, Kamlesh, who was caught hold by the people present there; the accused-applicant has criminal history, which is mentioned in para-13 of the affidavit filed in support of the bail application for offence under Sections 392, 411 and 380 IPC etc; however, the accused-applicant is on bail in all the cases; two co-accused have already been enlarged on bail by this Court and their bail orders have been placed on record as Annexure-6 to the affidavit filed in support of the bail application; the accused-applicant has been languishing in jail since 22.06.2017.
3. Considering long incarceration of the accused-applicant in the case and trial is yet to get concluded and, without commenting upon merit of the case, I find it to be a fit case for grant of bail.
4. Let applicant-Ajay Nishad alias Justice alias Justik, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond of Rs. 1 Lac and two local and reliable sureties each in the like amount with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 his bail and proceed against him in accordance with law.
[D.K.Singh,J.] Order Date :- 9.2.2021 MVS/-