Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24302 of 2019 Applicant :- Ashok Saroj And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Saroj Kumar Dubey,Vineet Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
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.151 of 2017, under Sections 323, 504, 506, 308 I.P.C., P.S. Gambhirpur, District Azamgarh with the prayer to enlarge the applicants on bail.
The contention as raised at the bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case on account of enmity; that no specific role has been assigned to the applicants; that the injured has not sustained any such injury, which is dangerous to life; that co- accused persons Luddur Saroj and Virendra Saroj have already been granted bail by this Court vide orders dated 10.05.2019 and 30.05.2019 passed in Criminal Misc. Bail Application Nos.38124 of 2018 and 22841 of 2019, respectively; that since the role of the applicants is identical to that of the co-accused persons, who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity; that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial and that they are languishing in jail since 27.05.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail. However, it has not been disputed that the similarly placed co-accused persons have already been granted bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants 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.
Let the applicants Ashok Saroj and Chhanni Saroj @ Indrajeet Saroj involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the 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 misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 Atul