Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for applicants contended that applicants have been falsely implicated. He submitted that applicant no. 1 has been assigned the role of catch-hold however no role has been assigned to applicant no. 2. He further contended that the role of causing injury is not assigned to present applicants. Applicants are in jail since 21.09.2019 having no previous criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.
Let applicants (Chandu @ Mohd Layeeq and Jawed), involved in Case Crime No. 705 of 2019, under Sections 147, 148, 149, 323, 326, 504 and 506 IPC, Police Station-Kotwali Nagar, District-Barabanki, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicants shall file an undertaking to the effect that they 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.
(v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 27.11.2019 J.K. Dinkar