Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41338 of 2018 Applicant :- Ible Husan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Ible Husan, who is involved in Case Crime No. 397 of 2018, under Sections 147/148/336/332/304 I.P.C. P.S.- Gajraula, District- Amroha.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that on the occasion of Eid festival on 16.06.2018 at the time of Eid Milan, on account of a very petty issue eight named accused and 20-25 others after forming a group assaulted the first informant and his family members. In the said episode, one person died and five persons received injuries. It is alleged that the applicant is not named in the F.I.R. and eight accused have been specifically named therein. The applicant's name surfaced after four days of the incident in the statement of the witnesses and general role of assault by lathi and danda has been attributed to him. It is next argued that the deceased had sustained two injuries out of which first injury is on the skull of the deceased which appears to have proved fatal and other injury was on the knee joint. The nature of the injuries of injured also are not grievous. He submits that the case of the applicant is distinguishable from that of named accused. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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 applicant, Ible Husan, be released on bail in the aforesaid case crime number on his 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 applicant shall file an undertaking to the effect that he 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 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;
(iii). In case, the applicant misuses the liberty of bail 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.
(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 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 his bail and proceed against him in accordance with law.
Order Date :- 29.10.2018 Shekhar [Chandra Dhari Singh,J.]