Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17148 of 2021 Applicant :- Hariom Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.,Kunwar Bhaskar Parihar,Vikas Sharma
Hon'ble Ali Zamin,J.
Counter affidavit filed on behalf of informant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.27 of 2021, under Sections 354-kha, 323, 504, 506, 308, 325 I.P.C., P.S.
Lalauli, District Fatehpur.
Learned counsel for the applicant submits that according to F.I.R. version on 30.01.2021 applicant knocked door of the informant, on opening entered into the house and misbehaved with her and her daughter, it is also alleged that applicant by lathi assaulted on the head of informant and badly assaulted her daughter and when her father-in-law came he also assaulted him and his hand was fractured. He submits that during investigation offence under Section 452 of I.P.C. was not found and in that case whole story has been changed, on next day medical examination of Ram Kumari/informant was conducted and injury has been found simple in nature, thereafter, in another district Kaushambi she conducted x-ray, in which right front bone of skull has been found fractured and offence u/s 308 I.P.C. was added. As per medical report x-ray of right elbow of Ganga Sagar was advised and as per x-ray report right humerus bone of right elbow has been found fractured, x-ray was conducted after a week on 06.02.2021. He further submits that due to pradhan election, he has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 01.02.2021.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant and submit that there is single accused and there is specific allegation against him for knocking door and entering into the house and assaulted grievous injury to her daughter and her father-in-law, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of injuries, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Hariom Singh involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant 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 applicant 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 him/her in accordance with law.
The party shall file computer generated copy of such 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.9.2021 Jitendra