Counter affidavit filed today in Court by learned Additional Government Advocate is taken on record.
This is the fourth bail application, the last, i.e. the third one having been rejected by this Court for non-prosecution vide order dated 12.9.2019 passed in Bail No. 1597 of 2019.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicant submits that the applicant and the informant are neighbours living in the same city and are familiar to each other. As per the prosecution case, the dispute is said to have arisen due to alleged blockage of drainage built on land of Gaon Sabha by the accused and the co-accused (his son). It is further alleged that when the informant objected to it, the accused persons are said to have entered into the house of the informant and assaulted him.
As per the First Information Report, the present accused has allegedly fired two shots from his country-made pistol - one hit the informant and the other shot hit the brother of the informant. The informant was hit on the right shoulder and by the second shot, the bullet brushed aside the back of brother of the informant Raj Karan. Thereafter, the nephew of the informant dialed hundred number. Consequently, the First Information Report was registered and the injured persons were taken to hospital at Allahabad.
Learned counsel for the applicant submits that the applicant is in jail since 7.3.2017. Preliminary medical examination of the injured was followed by supplementary report wherein all the injuries found on the body of the injured were simple in nature. The injuries are not fatal and at the most, the case will not travel beyond Section 324 I.P.C.
It is further submitted that all the witnesses of fact have already been examined and the applicant having no criminal history is entitled to be enlarged on bail as there is no chance of tampering the prosecution witness(s). The incident occurred on account of sudden provocation and without there being any intention to kill.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant Awadh Narayan Mishra involved in Case Crime No.99/2017 under Sections 307, 326, 452, 504 I.P.C., P.S. Lalganj, district Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 17.12.2019 kkb/