Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55715 of 2019 Applicant :- Chandrabhan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Sengar,Mr. Sagir Ahmad Sr. Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0165 of 2019, under Sections 147, 148, 149, 302, 307, 34 of IPC, Police Station - Rampura, District - Jalaun with the prayer to enlarge the applicant on bail.
The report of this incident was got lodged by complainant on 08.08.2019 by Yogendra Singh Bhadoriya against five named accused persons - Chandan Singh, Pushpraj Singh, Satendra Singh, Chandrabhan Singh and Neelesh Singh on the allegation that they were forcibly ploughing the field in which benni was sown and an objection was raised by complainant's father Badshah aged about 75 years and brother Shivsampat Singh. The above named accused persons assaulted Badshah on his head and Shivsampat Singh with a common intention to kill them. On raising alarm to the villagers they fled away doing firing and accused Chandan Singh caused grievous injuries to complainant's father with axe and other accused persons caused injuries to his brother Shivsampat Singh by lathi-danda and axe. In hospital complainant's father Badshah succumbed to the injuries and his brother is undergoing treatment in emergency ward.
The learned counsel for the applicant submits that applicant- accused is quite innocent and has been falsely implicated in the present case. He has further submitted that all the accused have been assigned the role of assaulting two persons with lathi-danda and axe (Kulhari) but deceased received only two injuries on his persons as is evident from the post-mortem report of the deceased. It is also submitted that main role of assault to deceased has been assigned to Chandan and the present accused applicant namely Chandrabhan Singh is an old person of about 70 years of age and in case of his being released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not controvert the aforesaid facts.
Considering the rival submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case and considering the nature of injuries and manner of assault, without expressing any opinion on the merits of the case, at this stage, prima facie, this Court deems it a fit a case for bail.
The prayer for bail is granted. The application is allowed.
Let applicant - Chandrabhan Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to 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 may 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 :- 17.12.2019 LBY