Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31598 of 2018 Applicant :- Eishwar Dayal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahtab Alam,Varsha Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri Yogesh Kumar Singh, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, due to dispute amongst the children, a quarrel ensued, consequently, the deceased was subjected to injury by causing assault with iron rod and danda by the applicants; postmortem report reflects single injury on the skull; author of the assault has not be specified either in the FIR or in the statements under Section 161 Cr.P.C.; the deceased succumbed to injuries after 13 days of treatment; it is urged that there was no intention to kill the deceased, it was a sudden quarrel; applicants having no other reported criminal antecedent are languishing in jail since 31.5.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Eishwar Dayal and Pintoo involved in Case Crime No. 41 of 2018, under Sections 304, 323, 504 I.P.C., Police Station Narhi, District Ballia be released on bail on their furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) 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 fails 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.
(iv) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 23.8.2018 S.Prakash