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.332 of 2020 under Sections 147, 148, 149, 323, 341, 384, 427, 452, 504, 506 IPC, 7 Criminal Law Amendment Act, Police Station Achalganj, Unnao.
3. Allegation against the accused-applicant is that he used to supply manpower to Agricom Foods Private Limited, Gram Banthar, Achalganj, Unnao, U.P. It is alleged that on the date of incident i.e. 15.12.2020, the accused-applicant in state of intoxication tried to enter the ladies hostel of the factory and when security personnel objected, he started abusing the security personnel and said that if the factory was to be run he should be paid ransom. Thereafter, he again came around 4:30 in the evening with 20 people and assaulted the security personnel. There is cross FIR lodged on the complaint of the mother of the accused-applicant under Sections 308, 323, 504, 506 IPC on the allegation that the accused-applicant used to supply manpower to the said company and on the date of incident and at the same time, the named person have assaulted him and in the incident, he had received serious injuries. There are injuries from both the sides. There is also allegation that the accused-applicant had supplied work force of women to the Company and the women were sexually exploited. When the accused-applicant came to know, he complained about it and in the process he was assaulted.
4. Considering the fact that cross version of the incident and the fact that the accused-applicant himself has received injuries, the accused-applicant has been in jail since 06.01.2021, it would be appropriate to enlarge him on bail.
5. Let applicant Dheerendra Singh @ Sukhram Singh 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 :- 22.2.2021 prateek