Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22575 of 2019 Applicant :- Kailash Opposite Party :- State Of U.P.
Counsel for Applicant :- S.K.Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. S.K. Singh Yadav, learned counsel for the applicant and Mohd. Shaoib Khan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Kailash with a prayer to enlarge him on bail in Case Crime No. 85 of 2019, under Sections 308, 323, 504 and 506 I.P.C., Police Station- Bindki, District-Fatehpur, during the pendency of the trial.
It has been argued by learned counsel for the applicant that for the alleged incident dated 6th March, 2019, the first information report has been lodged on 8th March, 2019 by Rekha Devi against three persons, namely, Kailash (applicant herein), Sarla Devi and Rahul, i.e. after two days from the date of incident for which no plausible explanation has been given, which makes the prosecution case doubtful. In the first information report it has been alleged that on 6th March, 2019 at 08:00 o'clock in the night, when the first informant was cooking food at her residence, the applicant came to her house and started abusing her and when she objected not to abuse her, he started beating her. When she screamed, her husband, namely, Anil Kumar came to save her, he while running away had assaulted her husband by rod due to which he sustained injuries on his head. It is further alleged that other co-accused assisted the applicant in assaulting the injured. As per the medical examination report of the injured, the injuries suffered by him are simple in nature and the same is not grievous. As per the statement of eye-witness/independent witness, namely, Basant, recorded on 16th March, 2019 under Section 161 Cr.P.C., due to earlier dispute regarding property, there was a sudden quarrel between the informant's husband and applicant, who were in drunken condition, due to which the injured has sustained injuries on his head. The said incident took place accidentally not intentionally or deliberately. 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. The applicant is in jail since 12th March, 2019.
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 :- 29.5.2019 Sushil/-