This is the second bail application. The first bail application was dismissed for want of prosecution vide order dated 29.01.2021.
This bail application has been moved by the accused-applicant for grant of bail in FIR/Case Crime No.151 of 2020, under Sections 386, 307, 504, 506 I.P.C. read with Section 7 of Criminal Law Amendment Act, Police Station Ganga Ghat, District Unnao.
The allegation against the applicant and his brother, co-accused Chotu Yadav is that they fired at the victim Girja Mishra who received two bullet injuries. The injured in his statement has stated that the present accused applicant firstly fired at the injured victim which hit on his shoulder and the second bullet was fired by co-accused, brother of present accused applicant which caused serious fatal injuries in his body. The accused applicant has been in jail since 23.06.2020. The accused applicant has criminal history of following cases, which is mentioned in para 16 of the supplementary affidavit filed on behalf of the accused applicant on 02.03.2021 :-
(a) Crime No.88 of 2016, under Sections 323, 366, 307 I.P.C.
(b) Crime No.357 of 2016, under Sections 147, 148, 307, 504, 506 I.P.C.
(c) Crime No.719 of 2018, under Sections 147, 149, 323, 504, 506 I.P.C.
(d) Crime No.5 of 2020, under Sections 376-D, 506 I.P.C.
(e) Crime No.293 of 2020, under Section 2/3 of U.P. Gangster Act.
At present one case under Sections 504 and 506 I.P.C.; one case under Section 147, 149, 323, 504, 506 I.P.C. and one case under Section 2/3 of U.P. Gangster Act besides the present case are pending against the accused applicant. In all the three cases except the present one the accused applicant has been granted bail.
Sri Sushil Kumar Singh, learned counsel for the applicant submits that the victim himself is a criminal and several cases have been registered against him regarding land grabbing and even the accused applicant's land has been grabbed by the present victim/injured. He further submits that two other witnesses whose statements have been recorded under Section 161 Cr.P.C. have assigned the role to the accused applicant of exhortation. He, therefore, submits that there is no likelihood of the accused applicant tampering with the evidence or influencing the witnesses or to flee from the trial. It is also submitted that the accused-applicant may be put to some financial burden without prejudice to his rights and contentions in the trial as a condition precedent for grant of bail.
On the other hand, Sri Srees Kumar Srivastava, learned counsel for the complainant as well as Sri Pawan Kumar Singh, learned A.G.A. oppose the prayer for bail and submit that the accused applicant is having criminal history of several cases mentioned in the supplementary affidavit and the injured witness has assigned the role of firing to him and his brother, therefore, the applicant is not entitled to be enlarged on bail.
I have considered the submissions advanced by learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A.
The injured has assigned the role of firing of one shot at him to the accused applicant but the injury report does not disclose more than one fire arm injury. The accused applicant has been in jail since 23.06.2020. The fatal injury was caused by co-accused Chotu Yadav. The criminal antecedent of the accused applicant is not of serious offences as mentioned above. The offences are not very serious in nature. Considering all these aspects and taking into consideration the submissions of learned counsel for the accused applicant, it would be appropriate to enlarge the applicant on bail. The bail application is, thus, allowed.
Let the accused-applicant Kunwar Pal Yadav involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) in the trial court within two weeks from the date of his release from jail; as soon as the amount, as directed, is deposited, the same shall be disbursed in favour of the injured victim after due verification; in case the accused-applicant fails to deposit the amount, this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith;
(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 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.
(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.
Order Date :- 12.4.2021 Anand Sri./-