Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7489 of 2018 Applicant :- Ajay Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Singh,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Sri S. Niranjan and Sri Pankaj Rai, Advocates filed Vakalatnama today, which is taken on record.
Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri SPS Parmar and Surya Pratap Singh, learned counsel for the applicant, Sri DP Singh, learned Senior Advocate assisted by Sri S. Niranjan and Sri Pankaj Kumar Rai, learned counsel for the complainant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that there are five named assailants with the allegation that the informant himself along with his brother Girish Narayan Rai and Ram Narain Rai, while irrigating their agricultural field, were surrounded by the applicant and his associates thereafter the miscreants assaulted them with Lathi, Danda, kicks and fists causing serious injuries to Ram Narayan Rai and Girish Narayan Rai resultantly, Girish Narayan succumbed to his injuries on the way to the hospital. There is a decoction in the prosecution story as there is no injury report of the informant as well as of Ram Narayan Rai on record. So far as the deceased Girish Narayan Rai is concerned, in his inquest report three trivial injuries on his person, have been mentioned but the post mortem examination report of the deceased reveals that as many as six injuries were sustained by him, where in two injuries were found to be fatal in nature. General and generic role has been assigned to the applicant. It has nowhere been specified as to who was the author of these two fatal injuries. Beside this, there is cross version of the case also. It has been lastly submitted that the applicant is suffering incarceration in jail since 16.12.2017.
Learned counsel for the complainant as well as learned AGA vehemently opposed the prayer for bail and submitted that the applicant has a long criminal history of 11 cases but could not dispute the others facts and the legal submissions as argued by the learned counsel for the applicant.
In regard to the criminal history, learned counsel for the applicant has submitted that there are two cases under section 307 IPC in which final report has been submitted and rest of the cases are insignificant and trivial in nature.
Keeping in view the nature of the injuries and number of persons, who assaulted the injured persons with Lathi, Danda, kicks and fists as well as the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ajai Rai, involved in Case Crime No. 839 of 2017, under sections 147, 323, 504, 506 and 302 IPC, P.S.
Mohammadabad, District Ghazipur be released on bail on 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 SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
Order Date :- 27.2.2018 shailesh