Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30348 of 2019 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Asthana,Manish Dev Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Ali Hasan, Advocate, has filed his Power on behalf of complainant, which is taken on record.
Heard Sri Manish Dev, learned counsel for the applicant, Sri Ali Hasan, learned counsel for the complainant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Arjun with a prayer to enlarge him on bail in Case Crime No.0118 of 2019, under Section 307 I.P.C., Police Station Navabad, District Jhansi.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the FIR has been lodged against unknown persons with the allegation that on 26.02.2019 at about 8 p.m. while the informant and his father were returning on the scooty after worshiping from temple, four accused persons on two motorcycles came and started indiscriminate firing upon them, due to which the informant's father sustained two fire arm injuries after which the accused persons ran away. In the statement of the injured the role of causing fire arm injury has been assigned to the applicant. As per injury report, there is only single entry wound of fire arm present on left side of back 4 c.m. below interior border; left side scapula 5 c.m. away from left axila size 1 c.m. x 0.8 c.m.; abrasion present over right side of back region; blackening and tattooing present. The said injuries are not said to be grievous in nature. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 18.03.2019. Accordingly, he requests for bail.
Learned counsel for the complainant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that they 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 :- 30.7.2019
Anand Sri./-