Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44104 of 2021 Applicant :- Hemant Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Prathamesh Upadhyay Counsel for Opposite Party :- G.A.,Niraj Kumar Shukla
Hon'ble Shekhar Kumar Yadav,J.
Heard Dr. C.P. Upadhyay, learned counsel for the applicants, learned AGA for the State, Mr. Amit Rana, holding brief of Sri Niraj Kumar Shukla, learned counsel for the informant and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail in Case Crime No.242 of 2020, under Sections 323, 308, 324, 325, 506 IPC, Police Station Mandaur, District Bijnor.
I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. There are three persons including the applicants named in the FIR. The incident took place on 11.09.2020 at about 8.00 PM for which the impugned FIR has been lodged on 13.09.2020 at about 8.05 pm. He further submits that as per injury report, the injured has received as many as seven injuries out of which injury nos.1, 2, 3 and 5 are simple in nature. The applicants have never committed any offence as alleged in the first information report. There is no public witness of the alleged incident. He further submits that applicant is having no criminal history and in case he is released on bail, he will not misuse the liberty of bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicants are in jail since 12.09.2020.
On the other hand, learned A.G.A. as well as learned counsel for informant oppose the application for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.
Let the applicants-Hemant Kumar & Robin @ Rahul, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicants.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 17.12.2021/Ajeet