1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.254 of 2020 under Sections 147, 148, 452, 323, 325, 504, 506, 308 IPC, Police Station Achalganj, Unnao.
3. As per the FIR, the accused-applicant and other co-accused had assaulted the complainant and his brothers, Sudhir and Sharad. All the victims have received injuries on their vital parts and were treated in the Medical College Hospital.
4. Learned counsel for the accused-applicant submits that the accused-applicant and the victims are neighbours. Now they have decided to bury the hatchet and live peacefully.
5. Mr. S. K. Dubey, Advocate has put in appearance on behalf of the complainant and has submitted that the complainant has no objection, if he is enlarged on bail.
6. Mr. Rajeev Singh, learned A.G.A. has submitted that the offence committed by the accused-applicant and other co-accused is serious in nature. They had assaulted three victims and the victims have received injuries on vital parts of their bodies. Therefore, the accused-applicant is not entitled for bail.
7. I have considered the submissions advanced on behalf of the parties. The accused-applicant has been in jail since 03.10.2020. The accused-applicant has no criminal history. Role assigned to all the accused is one and common and all the accused came and assaulted three brothers. The accused-applicant and the victims are neighbors.
8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
9. Let applicant Chhotu @ Shaurabh Kumar Mishra be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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.
(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 during trial 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 3.2.2021 prateek