Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22370 of 2019 Applicant :- Lapetan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Ravi Kumar Srivastava, learned counsel for the applicant, Sri Amit Sinha, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 231 of 2018, under Sections 308, 323 and 504 of I.P.C registered at Police Station, Kotwali Hata, District Kushinagar.
As per prosecution case, on 13.6.2018, FIR was lodged by Sugreem Chauhan alleging in it that on 7.6.2018, the accused persons have caused injury to him.
Learned counsel for the applicant submits that three other co-accused persons have already been granted bail by this Court. It has been further argued that no bony injury has been found on the head of the injured. Lastly, it has been argued that applicant is in jail since 30.1.2019 and the trial may take sometime for its final disposal, therefore, the applicant be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the fact that the co-accused persons have already been granted bail by this Court, without further any comments on merit, I am inclined to release the applicant on bail.
Let the applicant Lapetan, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 22.8.2019 AKK