Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51947 of 2019 Applicant :- Buddhi Ram Alias Company Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Buddhi Ram Alias Company, who is involved in Case Crime No.319 of 2018, under Sections 304 and 506 I.P.C., P.S.- Khajni, District- Gorakhpur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. He has not committed any offence as alleged in the F.I.R.
He further submits that the nature of injury, which was found on the body of the deceased has not corroborated with the allegations made in the F.I.R. As per the F.I.R. version, role of the applicant is that he caused injury by screwdriver but no injury of screwdriver was found on the body of the deceased as per the post mortem report.
It is also submitted that after completion investigation chargesheet has been filed on 08.01.2019 as stated in para-10 of the bail application. There is no previous criminal history stated in para-21 of the bail application. The applicant is in jail since 05.12.2018.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but has not contradicted the aforesaid facts.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Buddhi Ram Alias Company, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with 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, if 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 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 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 :- 28.11.2019 Asha