Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41349 of 2018 Applicant :- Chandra Kant Baroi @ Tena Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Pandey 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, Chandra Kant Baroi @ Tena, who is involved in Case Crime No. 86 of 2018, under Section 304 I.P.C. P.S.- Madhotanda, District Pilibhit.
As per the prosecution case, daughter of the informant was subjected to assault by Lathi and Danda by co-accused Tena Baroi and Govind Baroi; suspicion has been raised against the applicant of being involved in the murder of the deceased; prosecution case is supported by the post mortem examination report showing injury on skull; cause of death is shock due to antemortem injury.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case; that the applicant has no criminal history as alleged in paragraph 14 of the affidavit and he is in jail since 04.04.2018. Learned counsel for the applicant has claimed parity with the co-accused Suranjan Mandal who has been granted bail by this Court vide order dated 29.08.2018 passed in Criminal Misc. Bail Application No. 32988 of 2018.
Learned AGA has opposed the prayer for bail but has not disputed the factum of parity.
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.
Accordingly, the bail application stands allowed.
Let applicant-Chandra Kant Baroi @ Tena be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in 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 :- 29.10.2018 Imroz