Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37668 of 2018 Applicant :- Indrapal Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jaysingh Yadav,Narendra Kumar Singh Yadav Counsel for Opposite Party :- G.A.,Ved Prakash Ojha
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jai Singh Yadav, learned counsel for the applicants, Sri V,P,Ojha, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that there are general allegation against all the accused including the applicants Further, there is cross version of the case and both sides sustained injuries. It is also contended that other co-accrued had approached this Court by way of filing writ pettion and their arrest was stayed on 28.8.2018 and copy of order is anexed as Annexure-2 to this bail application.Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 2.8.2018. The applicants have no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
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 and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicants Indra Pal Singh & Mahendra Singh involved in Case Crime No.884 of 2018, under Sections147, 323, 308, 504, 506, 325 I.P.C., Police Station Kotwali Lalitpur, District Lalitpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:-
(i) The applicants 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.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.1.2019 IA