Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14911 of 2019 Applicant :- Kailash Alias Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Yadvesh Yadav, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State.
Perused the material on record.
The present bail application has been filed by the applicant-Kailash @ Chhotu with a prayer to enlarge him on bail in Case Crime No. 776 of 2018, under Sections 307 and 452 I.P.C., Police Station- Sihani Gate, District-Ghaziabad, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the first information report has been lodged by Komal wife of the injured Banti @ Chhotu alleging therein that the applicant had entered into the house of the informant in drunken condition and when the injured tried to remove him outside the house, he assaulted the injured by knife due to which he sustained injuries in his stomach. It has further been argued by the learned counsel for the the applicant that as per the medical examination report of the injured, the injured was also in drunken condition at the time of incident, smell of alcohol was present in the body of the injured. From the aforesaid it appears that both the applicant as well as injured were in drunken condition and due to petty dispute by co-incidence the said incident took place in which the injured sustained injuries. The injured was admitted on 24th April, 2018 to 3rd May, 2018. Learned counsel for the applicant has also pressed the issue of period of detention of the applicant i.e. 12th July, 2018, who has undergone more than nine months of incarceration. He, therefore, submits that considering the 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 no useful purpose would be served in keeping the applicant behind the bars. The applicant has no criminal antecedents to his credit except the present one. It is next contended that 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his 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 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 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 during trial 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 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 in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 29.4.2019 Sushil/-