This is the third bail application of the applicant. The second bail application was dismissed as not pressed.
Heard the learned counsel for the applicant and the learned A.G.A.
The applicant- Lallu Bhargav alias Raj Kumar, has moved this bail application seeking bail in respect of his involvement in Case Crime no.84/2016,(S.T. No.214/2016), under Sections 324/307 IPC, Police Station Nighasan, District Kheri.
The submission of the learned counsel for the applicant is that he does not have any criminal history and he has been falsely implicated. It has been submitted that in the FIR lodged by the complainant it was alleged that the complainant as well as the applicant were present at the Tilak Ceremony and when the complainant had gone out to answer the nature's call it is in the aforesaid meantime that the applicant attacked the complainant from the back. It has been submitted that the applicant has been falsely implicated as neither there was any motive nor there was any criminal history and even the version in the FIR is highly improbable. It has also been stated that the applicant is languishing in jail since 15.3.2016. Learned counsel for the applicant further submits that there is no chance for the applicant to misuse the liberty of bail.
Learned A.G.A. has opposed the bail application. It has been pointed out that the first bail application was dismissed on merits inasmuch as considering the injury report which has been annexed along with the bail application as Annexure-4 it indicates that a lacerated wound was present in the front of the neck also with fresh bleeding. Under these circumstances the applicant is not entitled for bail.
The Court has considered the submissions of the learned counsel for the applicant as well as learned A.G.A.
In the facts and circumstances of the case as well as in view of the fact that the allegations against the applicant is yet to be tested in the trial and considering the material on record as well as the severity of punishment which if inflicted on the applicant upon his conviction as well as that the applicant has been in jail since 15.3.2016 and without expressing any opinion on merits the Court is of the view that the applicant is entitled to be released on bail. Let the applicant be released on bail.
Let the applicant- Lallu Bhargav alias Raj Kumar Involved in Case Crime No. 84/2016, (S.T. No.214/2016), under Sections - 324/307 IPC, Police Station - Nighasan , District Kheri be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :-
i. The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
ii. The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
iii. The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charges; and (c) recording of statement under Section 313 CrPC.
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 :- 28.11.2019 mks