1. Heard Sri S. K. Tiwari, learned counsel for the applicant, learned A.G.A. and perused the record.
2. This bail application has been filed by the accused-applicant Laddu @ Kamakhya Prasad, who is involved in Case Crime No. 107 of 2019 under Sections 302 I.P.C., Police Station, Kumarganj, District Faizabad.
3. Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the case. It has been shown that applicant has attacked on deceased by the part of the scissor. The reason is that the applicant was in love with the would be wife of deceased. The occurrence took place in another village. Next submission is that the applicant was not known by the persons accompanying by the deceased. The scissor blow is single. The dimension of injury is also be considered. There was no intention to cause death. The case may be covered under Section 304 part II of I.P.C. The applicant is in jail since 13.05.2019 without any previous criminal history. Lastly, he submits that if, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial.
4. Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
5. Considering the submissions of learned counsel for the parties, facts and circumstances of the case, accusation and the nature of supporting evidence, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the court in support of the charges, without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail.
6. Let the accused/applicant Laddu @ Kamakhya Prasad, involved in Case Crime No. 107 of 2019 under Sections 302 I.P.C., Police Station, Kumarganj, District Faizabad, be released on bail subject to the following conditions.
(i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) he will not indulge in any criminal activities.
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii). The applicant shall cooperate with investigation /trial.
(iv). 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.
(v). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi). In case, the applicant misuses the liberty of bail during trial 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.
(vii). The applicant shall remain present, 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 :- 12.1.2021 Reena/-