Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4988 of 2018 Applicant :- Ajay Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.W. Ali, learned counsel for the applicant and Sri J.K. Singh, learned Brief Holder appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the there was sudden quarrel between the applicant and co-accused persons with the complainant party for the construction of toilet. The complainant approached the house of the applicant in the absence of applicant and misbehaved with the grand mother of the applicant and assaulted her on account of which her wrist was fractured, copy of the injury report has been annexed at page-20 of the accompanying affidavit. The applicants tried to register an F.I.R. against the complainant party but the same was not registered, hence he moved an application under section 156 (3) Cr.P.C. which is pending before the competent court. The allegation in the F.I.R. against the applicant is that he pelted stone on the deceased on account of which he died on receiving single injury and the author of the said injury is not known. The applicant has no other reported criminal antecedent. The applicant is in jail since 20.11.2017.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ajay Yadav involved in Case Crime No. 482 of 2017 under Sections 302, 336, 504, 506 I.P.C., Police Station Pipraich, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 22.2.2018 Shiraz