Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28324 of 2021 Applicant : Kailash Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.,Pramod Kumar Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.92 of 2021, under Sections 452, 307 I.P.C., Police Station Belipar, District Gorakhpur.
Learned counsel for the applicant submits that according to the FIR version in the intervening night of 30/31.5.2020 at about 2:00 a.m. informant was sleeping in his room and his daughter was sleeping at the roof applicant and co-accused Gabbar due to old enmity of litigation assaulted on the head of the daughter of informant by danda due to injury she woke up. He further submits that informant and his daughter identified the applicant and co-accused while they were running away. She was taken to District Hospital Gorakhpur where she was referred to Medical College Gorakhpur. He further submits that applicant and co- accused are real brother and due to land dispute they have been implicated in this case. He next submits that single injury on the head of the injured has been found. He further submits that co- accused Gabbar has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc.Bail Application No.29032 of 2021, vide order dated 7.9.2021. Applicant's case is at par with co-accused released on bail, therefore, he is entitled for bail on the ground of parity. He further submits that the applicant has been falsely implicated in the case. 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, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 2.6.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, single injury found and it is not specified, enlargement of co-accused on bail, FIR versions as well as injury received to the injured, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Kailash involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.9.2021 m.a.