Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
The accused-applicant is involved in F.I.R. No.114 of 2021, under Sections 143, 147, 148, 149, 307, 308, 323, 325, 504, 506, 427 IPC, P.S. Bihar, District Unnao.
Learned counsel for the applicant has submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. General role of assaulting with iron road has been assigned to all the accused persons in the FIR and no specific role has been attributed to the present applicant. The injuries sustained by the injured persons are not dangerous to life. There is no mens rea of the applicant to kill anybody.
It is submitted that due to election of Gram Pradhan, the applicant has been falsely implicated in this case. He does not have any previous criminal history. He is languishing in jail since 28.05.2021. Investigation has been completed and charge sheet has been filed on 29.06.2021.
Learned counsel has further submitted that co-accused Raj Mohan Singh has been granted interim protection by a co-ordinate Bench vide order dated 18.08.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.8743 of 2021.
It is submitted that there is no apprehension of the applicant influencing the witness, tampering the evidence or fleeing from judicial process. In case he is released on bail, he undertakes to abide by all the conditions and not to misuse the liberty of bail.
Per contra, Shri Alok Saran, learned Additional Government Advocate has opposed the prayer for bail but has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Shri O.P. Tiwari, learned counsel appearing for the complainant has also vehemently opposed the prayer for bail and has submitted that the injuries sustained by the injured persons are grievous in nature.
Taking into consideration the facts that general role has been assigned to all the accused persons in the FIR, charge sheet has been filed, co-accused Raj Mohan Singh has been granted interim protection in anticipatory bail application and that no apprehension of applicant influencing the witness, tampering the evidence or fleeing from judicial process has been shown by learned Additional Government Advocate during the course of argument, however, without expressing any opinion on merits, this Court finds it a fit case for grant of bail. Thus, the instant bail application is allowed.
Let the applicant Bhore @ Kuldeep Yadav be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court below concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he 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 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 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 his bail and proceed against him in accordance with law.
Order Date :- 26.8.2021 nishant/-