The case has been taken through video conferencing facility.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.0127 of 2020, under Sections 452, 323, 504, 506, 308 I.P.C., Police Station Maigalganj, District Lakhimpur Kheri.
The allegation in the FIR is that the applicant along with other co-accused were taking away the wood of the complainant for Holi and when the complainant objected, the accused applicant and other co-accused mercilessly assaulted the complainant and his son. The complainant, who is 70 years of age, has received following injuries:-
"(i) 5.0 cm x 2.0 cm L.W. on Right side of skull R/o 10.0 cm above (Rt) ear
(ii) 10.0 cm x 2.0 cm contusion over (Rt) side of back just below and near (Rt) scapula.
(iii) 11.0 cm x 1.0 c.m. contusion over (Rt) side of back just below and near (Rt) scapula.
(iv) 23.0 cm x 2.0 cm contusion over (Rt) side of back just below and near (Rt) scapula.
(v) Swelling over both upper limb hand and R/o just below wrist joint.
(vi) Generalised body pain."
The son of complainant, who is 36 years of age, has received following injuries :-
"(i) 2.0 cm x 1.0 cm L.W. on front of skull R/o 8.0 cm above left eyebrow.
(ii) Swelling and pain over left elbow joint.
(iii) Generalised body pain."
Learned counsel for the applicant submits that it appears that the incident had taken place on the spur of moment. The accused applicant has been falsely implicated in the FIR. The accused applicant has no criminal history and he is in jail since 25.03.2021. He further submits that co-accused Satendra Singh Yadav, having identical role, has been granted bail by this Court vide order dated 23.07.2020 passed in Bail No.3390 of 2020. Accordingly, the applicant is entitled for bail on the ground of parity. He, however, submits that the accused-applicant may be put to some financial burden without prejudice to his rights and contentions in the trial as a condition precedent for grant of bail.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Considering the aforesaid fact, parity with other co-accused, who has been granted by this Court, and the fact that the applicant has no criminal history and the injuries are not very serious in nature, it would be appropriate to enlarge him on bail. The bail application is, thus, allowed.
Let accused-applicant Anand Kishor @ Anupam be released on bail in the aforesaid F.I.R. on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Trial Court on being summoned with the following conditions :-
(i) The applicant shall deposit a sum of Rs.40,000/- (Rupees fifty thousand only) in the Trial Court within three weeks from the date of his release from jail; as soon as the amount, as directed, is deposited, the same (Rs.20,000/- each) shall be disbursed in favour of two injured victims after due identification/verification; in case the accused-applicant fails to deposit the amount, this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith;
(ii) The applicant shall file an undertaking to the effect that she 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.
(iii) 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.
(iv) 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.
(v) 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 :- 13.4.2021 Anand Sri./-