1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Crime/FIR No.0446 of 2015, under Sections 307 and 326 IPC lodged at Police Station Mohammadi, District Lakhimpur Kheri.
This is second application for bail moved on behalf of the accused-applicant; while rejecting his earlier bail plea vide order dated 02.04.2018 passed in Bail No. 3271 of 2017, it was directed that the trial should be concluded within a period of six months; the three co-accused have been granted bail by this Court and, their bail orders have been placed on record; there is no criminal history of the accused-applicant; the role assigned to him is of assaulting the victim by spade; the allegation in the FIR does not correspond to the injury report.
3. Considering all the facts and circumstances of the case, the fact that the accused-applicant has been languishing in jail for the last five and a half years, the trial is yet to be concluded and, without commenting any further upon merit of the case, I find it to be a fit case for grant of bail with some financial burden.
4. Let applicant-Dos Mohammad, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall deposit Rs.25,000/- (rupees twenty five thousand only) in the trial Court within six weeks from the date of his release from jail; as soon as the amount, as directed, is deposited, the same shall be disbursed in favour of the victim after due verification; in case the accused-applicant fails to deposit the amount, this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith;
(i-a) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 MVS/-