Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35463 of 2018 Applicant :- Madan Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Radhey Shyam Shukla, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, role of causing the assault to the deceased and others including the informant has been assigned to six nominated persons; co-accused Rajendra is said to have shot the deceased; others were beaten with lathi-danda; postmortem examination report reflects single gun shot injury and other injury is of abrasion.
It is urged by learned counsel for the applicant that the co-accused Mahesh, Ramadhar, Shivam and Nand Kishore have already been enlarged on bail by this Court, copy of bail order placed on record; the deceased succumbed to gun shot injury, assigned to co-accused Rajendra; recovery of assault weapon has been made on the pointing out of the co-accused Rajendra; assault caused by lathi-danda on other persons, are minor injuries; author of the assault by lathi-danda has not been specified; applicant has no other reported criminal antecedent; applicant is languishing in jail since 25.06.2018. If he released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Madan, involved in Case Crime No. 93 of 2018, under Sections 147, 148, 149, 302, 323, 201 I.P.C., Police Station Seharamau Dakshini, District Shahjahanpur, be released on bail on his furnishing a personal bond each in the like amount to the satisfaction of the court concerned with 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.
Order Date :- 24.9.2018 K.K. Maurya