Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46956 of 2021 Applicant :- Gulsher And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.,Mahipal Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants, Sri Prashant Kumar Singh, holding brief of Sri Mahipal Singh, learned counsel for the first informant and learned A.G.A. appearing for the State.
It is admitted that there is cross case between the parties, two incurred injury on the side of the complainant, whereas, three were injured on the side of the accused. It is urged by learned counsel for the applicants that at this stage the aggressor is not identifiable nor the author of the injury. It is lastly submitted that the applicants have no criminal antecedent and they are languishing in jail since 17.05.2021, there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
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 applicants are entitled to be released on bail in this case.
Let the applicants-Gulsher and Gulfam, involved in Case Crime No. 84 of 2021, under sections 323, 504, 308 I.P.C., Police Station Mandawali, District Bijnor, 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 their 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 misuse 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 fail 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 :- 22.12.2021 K.K. Maurya