Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No.
- 23629 of 2019 Applicant :- Ankit Srivastava And 9 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sameer Jain,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.,Ghan Shyam Das,Krishna Kumar Yadav
Hon'ble Raj Beer Singh,J.
A supplementary affidavit filed by the applicant as well as a counter affidavit filed by the complainant is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 372 of 2019 under Sections 147, 149, 323, 504, 506, 452 IPC and 7 Criminal Law Amendment Act, Police Station Bhelupur, District Varanasi, with the prayer to enlarge the applicants on bail.
The contention as raised at the Bar by learned counsel for the applicants is that they have been falsely implicated in the present case; that no specific role has been assigned to the applicants in the alleged incident; that the injured has sustained mere simple injuries. It has been further argued that co-accused Anoop Jaiswal, Dinesh Saini and Suneel Yadav have been granted bail by this Court on 07.06.2019 and role assigned to the applicants is similar to the role assigned to them. It has been lastly submitted that the applicants are in judicial custody since 13.05.2019 and have no previous criminal history. In case applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the bail. They argued that there are serious allegations against the applicants and that there was a criminal history of one case against the applicants. But they have not disputed the factum of parity for bail of the applicants with the co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicants - Ankit Srivastava, Deepak Singh, Manish Yadav, Raju Kannaujiya, Vishnu Rampal, Abhishek Yadav, Babu, Vishal, Vicky and Sujit involved in the aforesaid crime be released on bail on each of them furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail 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 may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants 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 their bail and proceed against them in accordance with law.
Order Date :- 14.6.2019 LBY