1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.366 of 2020, under Sections 452, 323, 325, 308, 504, 506 IPC, Police Station Fatehpur, Barabanki.
3. Accused-applicant and other co-accused are father and his sons. Allegation against the accused including the accused-applicant is that they armed with lathi, danda, iron rod assaulted Radhey Shyam, brother of the complainant and Maya Devi, sister of the complainant. Injury reports of the victims have been placed on record. Victim, Radhey Shyam received two injuries including fracture on his wrist and one lacerated wound 9 cm x 1.5 cm x skull deep on left side parietal region of head.
Victim, Maya Devi received a lacerated wound 3.5 cm x 2.0 cm on left side of face 2.0 cm away from left eye and abrasion of 2.0 cm x 1.0 cm with surrounding swelling 5 x 3 cm on anterior surface left forearm 6 cm above from left wrist joint.
4. Learned counsel for the accused-applicant submits that the accused-applicant and the victims are neighbors. There was some dispute over the passage. The victims had demolished the wall of the accused and for that reason the incident took place. He further submits that if four persons armed with lathi, danda, iron rod assault the victims, they would receive much severe and more injuries than pointed out in their injury reports. The accused-applicant is in jail since 01.11.2020 and there is no criminal history.
5. Mr. V.K. Sahi, learned A.G.A. for the State has opposed the bail application but has not disputed the aforesaid facts.
6. Considering the nature of the allegation and injuries suffered by the victim and the fact that the accused-applicant, his two brothers and father are the accused, it would be appropriate to enlarge the accused-applicant on bail who is in jail since 01.11.2020.
7. Let applicant Ashwani Kumar Yadav @ Rinku be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall deposit a sum of Rs.30,000/- within a period of four weeks before the trial Court from the date of his release from jail on bail and trial Court after due verification shall disburse this amount in favour of the complainant/victim. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody. However, while considering the bail application of other accused, this condition of financial burden shall not be imposed on other accused inasmuch as all the accused are the brothers and father of the accused-applicant.
(ii) 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.
(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 :- 11.1.2021 prateek