Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47901 of 2021 Applicant :- Jhalloo And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Veer Bhagat Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 236 of 2017, Case Number 20348 of 2021, under Section 308, 323, 325 and 504 IPC, Police Station Thariyaon, District Fatehpur, during pendency of trial.
As per prosecution case, four nominated persons including the applicants are said to have caused assault with lathi and danda. It is urged that general role has been assigned to the assailants; the injured witness does not assign specific role of assault to the applicants; at this stage author of the injury is not identifiable. It is alleged that applicants are innocent and have falsely been implicated in the instant case; applicants have no previous criminal antecedents; applicants are languishing in jail since 22.9.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
Perused the material placed on record and the written submissions submitted by the respective parties, as well as, rejection order passed by the court below.
Let the applicants-Jhalloo and Sonu involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 their 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 his 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 view of the extraordinary situation prevailing in the State due to Covid- 19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 22.12.2021 S.Prakash