Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34907 of 2018 Applicant :- Ankush Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Pandey,Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, five nominated and one unnamed person is said to have caused injury by lathi-danda and sword upon the deceased; postmortem report shows nine injuries, three lacerated wound on the head and eye-brow, multiple contusions and contusion on the wrist, hand, abbarated contusion and underneath fracture of both bones of leg; the sole eye-witness in the statement recorded under Section 161 Cr.P.C. has assigned the role of causing injury to co-accused Arvind with iron rod, co-accused Omveer with sword, Jaiveer and unknown persons with iron rod; role assigned to the applicant is of keeping watch while others were assaulting the deceased.
It is urged by the learned counsel for the applicant that after 28 days, role has been assigned to the applicant of causing injury to the deceased by stone; postmortem report does not show any injury caused by stone; applicant has been falsely implicated; applicant having no other reported criminal antecedent; applicant is languishing in jail since 26.12.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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-Ankush involved in Case Crime No. 159 of 2017, under Sections 147, 148, 149, 302, 201 I.P.C., Police Station Hazratnagar Garhi, District Moradabad be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) 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 :- 17.9.2018 S.Prakash