Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17196 of 2019 Applicant :- Laldhari Harijan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A.,Abhishek Shekhar Ojha
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Utssav Singh, Advocate holding brief of Sri Anil Kumar Chaudhary, learned counsel for the applicant, Sri Abhishek Shekhar Ojha, learned counsel for the informant and Sri Om Prakash Mishra, learned A.G.A. for the State.
Perused the material on record.
The present bail application has been filed by the applicant- Laldhari Harijan with a prayer to enlarge him on bail in Case Crime No. 59 of 2019, under Sections 147, 148, 149, 323, 324, 307, 308, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Doharighat, District-Mau, during the pendency of the trial.
It has been argued by learned counsel for the applicant that with regard to incident dated 25.02.2019 impugned FIR was lodged on 26.02.2019 by informant Dharmendra Kumar against the applicant and 17 others as Case Crime No.59 of 2019 under sections 147, 148, 149, 323, 324, 307, 308, 504, 506 I.P.C. & 7 Criminal Law Amendment Act at Police Station Doharighat, District Mau. From the side of the applicant also NCR was lodged on 28.02.2019 with regard to incident dated 25.02.2019, under sections 323, 504, 427 I.P.C. against Ram Pravesh, Jitendra, Karan and Dayanand registered as NCR No.0019 of 2019. It is next submitted that from the side of informant 12 persons have received injury and from the side of applicant, four persons have received injury. General allegation of assaulting and causing injuries have been levelled in the FIR dated 26.02.2019 against the applicant and other co- accused persons. It has not been specified that which injury has been caused by whom. Both the sides are neighbour to each other. The applicant is aged about 52 years. It is further argued that the co-accused, namely, Ram Pyarey has already been enlarged on bail by this Court vide order dated 24th April, 2019 passed in Criminal Misc. Bail Application No. 17239 of 2019. The case of the present applicant is similar and identical to that of the aforesaid co- accused. As such the present applicant is liable to be enlarged on bail. 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 5th 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 :- 29.4.2019 Sushil/-