Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52390 of 2019 Applicant :- Govind And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicants, Govind and Ankur, who are involved in Case Crime No. 179 of 2019, under Sections 323, 325, 304, 504 and 506 I.P.C., P.S. Mehnagar, District Azamgarh.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that F.I.R. of the alleged incident has been lodged against four persons including the applicants making general allegations for committing marpit with the deceased and injured persons. The injuries of injured persons are simple in nature. In post mortem report the cause of death of the deceased has been found coma due to ante mortem head injury but it is not specified as to who is the author of this head injury. Only one injury has been found on the head of the deceased. No specific role has been assigned to the applicants. There is cross-version of the alleged incident. From the side of the applicants two persons have sustained injuries. It is further submitted that after completion of investigation charge sheet in the present case has been filed. It is further submitted that co-accused Suryabali has already been granted bail by the co-ordinate Bench of this Court vide order dated 19.11.2019 in Criminal Misc. Bail Application No. 50487 of 2019. The applicants have no previous criminal history as explained in para-21 of the bail application. They are not likely to abscond. The applicants are in jail since 16.09.2019.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the bail application and submitted that he has no instruction whether charge sheet in the present case has been filed or not. However, he has not contradicted the aforesaid submissions made by learned counsel for the applicants.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicants, Govind and Ankur , be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of 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, if 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 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 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 their bail and proceed against them in accordance with law.
Order Date :- 27.11.2019 AKT