Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30266 of 2019 Applicant :- Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Sri Rakesh Kumar Mishra, Advocate, has filed his Vakalatnama on behalf of informant which is taken on record.
Heard Sri Kartikey Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned counsel for the informant, Sri P.K. Shahi, 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 – Babu with a prayer to enlarge him on bail in Case Crime No.1283 of 2018, under Sections 307, 323, 326 I.P.C., Police Station Katghar, District Moradabad.
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 as per allegation in the FIR on 22.11.2018 at about 9 p.m. co-accused Mohd. Amer called the informant along with her family members to his house for giving Rs.10 lac to the informant for her plot. As soon as the informant along with daughter-in-law and other family members proceeded towards her house, the accused persons who were already there, assaulted them in which five persons from the informant's family have sustained injuries. As per statement of the injured as well as other statements the role of causing fire arm injury is assigned to the applicant, but the injuries are simple in nature. Criminal history of the applicant is explained in para 5 of the supplementary affidavit. 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. The period of detention is correctly mentioned in the supplementary affidavit wherein it is stated that the applicant is languishing in jail since 21.12.2018. Accordingly, he requests for bail.
Per contra, learned counsel for the informant as well as learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
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 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 :- 30.7.2019
Anand Sri./-