Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant and perused the record.
The contention of the learned counsel for the applicant is that due to village enmity, the applicant is being falsely implicated in this case. The injury received are simple in nature. The number of vehicle has not been mentioned which was being used by the complainant and the injured. It is further contended that the injured Durgesh was referred at 10:34 am on 10.12.2018. As per the GDMP, from Safdarganj to District Hospital, Barabanki is 30 kms away. As per the medical examination, the injured Durgesh has been examined at 10:43 am which is highly improbable as the distance between two places is approximately 30 kms which falsifies the entire prosecution story. The applicant is in jail since 19.05.2019. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have 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 tempering 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 Hari Bux @ Updesh involved in Case Crime No. 335 of 2018, under Sections 307, 323, 504, 506 IPC., Police Station- Safdarganj, District- Barabanki be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 30.7.2019 Vikram/-