Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34749 of 2020 Applicant :- Keshaw Opposite Party :- State of U.P.
Counsel for Applicant :- Muktesh Kumar Singh,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.,R P Rajan
Hon'ble Rahul Chaturvedi,J.
Heard Sri Muktesh Kumar Singh, learned counsel for the applicant, Sri R.P. Rajan, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 244 of 2020, under Sections 147, 323, 354-B, 504, 506, 304 I.P.C., Police Station- Cholapur, District- Varanasi is seeking enlargement on bail during the trial. The applicant is in jail since 25.7.2020.
Contention raised by learned counsel for the applicant is that the F.I.R. was got registered by one Abhishek Yadav on the same day of the incident under Sections 147, 323, 504, 506 and 354-Kha I.P.C. and after the demise of deceased, Gulab Yadav Section 304 I.P.C. is added during the course of investigation. Contention is that a general role has been attributed to all the named accused persons of assaulting by lathi, danda, kicks and fists and disrobing the mother of first informant. During the course of investigation, statements of the informant, Abhishek Yadav and Vishal Yadav under Section 161 Cr.P.C. were recorded in which they have specified the role of assaulting the deceased upon Pankaj and Kapil that they have assaulted by their respective lathi and danda, whereas the applicant, Lalji and Prince were assaulting by fists and kicks. Perusal of the medical report clearly indicates that there are injuries caused by hard blunt object.
Learned A.G.A as well as learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties and taking into account the role attributed to the applicant in the statement under Section 161 Cr.P.C. of assaulting the deceased by kicks and fists, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Keshaw, who is involved in Case Crime No. 244 of 2020, under Sections 147, 323, 354-B, 504, 506, 304 I.P.C., Police Station- Cholapur, District- Varanasi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 I.P.C.
(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., MAY BE ISSUED AND IF 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 I.P.C.aforesaid
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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.
Order Date :- 6.1.2021 Vikas