Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53470 of 2019 Applicant :- Lallan Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A., Sushil Dubey
Hon'ble Ajit Singh,J.
Supplementary affidavit filed in Court is taken on record.
Heard learned counsel for the applicant, learned counsel for complainant, Shri Sushil Dubey, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 127 of 2019, under Sections 147, 148, 149, 302/34 of IPC, Police Station - Allau, District - Mainpuri with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant with the allegations that today on the evening of 14.07.2019 at about 5:30 P.M. when the complainant along with his cousin brother Hem Raj was coming from the village Hadua after taking food in the thirteenth ceremony of Vijay Singh of their village, near Jamun tree at the engine near the house, Lallanbabu son of Sone Lal, Amrish son of Lallanbabu, Sushil son of Lallanbabu, Devesh son of Lallanbabu, Satya Prakash son of Ram Autar were laced with illegal country made pistols and Lallanbabu suggested to catch Hemraj to kill him. Thereafter, Satya Prakash and Sushil Fired on Hemraj who died on spot. Alarm was raised at the place of occurrence by Priya Mishra wife of Adesh Mishra, Sarla Devi, Virendra Prakash Mishra and the complainant. All the accused persons ran away towards their house and this incident took place as a dispute regarding land is going on between the accused persons, complainant and the deceased. The matter was investigated and accused were sent to jail.
The learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further submitted that accused Lallanbabu was assigned the role of exhortation and catching hold. It is also submitted that the present accused Lallan Babu is quite innocent and is 70 years old at present and is suffering age related ailments. No overt act was assigned to him. He is in jail since 23.07.2019 and if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
After considering the rival submissions of learned counsel for the parties, facts and circumstances of the case , considering the role of the present accused, nature of offence and gravity of the offence, period of detention of the applicant, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Lallan Babu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 18.12.2019 LBY