The case is called out.
Heard learned counsel for the bail-applicants, Sri Kalika Prasad Pandey, Advocate and learned A.G.A. for the State Sri S.P. Tiwari, Advocate and perused the record.
The present bail application is filed on behalf of the accused-applicants who are involved in Case Crime No.114/2020, under Sections 147, 148, 149, 452, 323, 308, 504, 506 of I.P.C., registered at Police Station- Kohandaur, District- Pratapgarh.
Learned A.G.A. is to protest the bail plea on the basis of instructions and copy of case diary with him.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Civil Judge (J.D.)/J.M., Court No.22, Pratapgarh vide its order dated 10.6.2020. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel for the applicant on reading over the first information report dated 28.5.2020 submitted that the complainant has stated that by reason of incident dated 13.5.2020 for which the FIR was lodged, the present accused-applicants along with other members of their family, on 24.5.2020 attacked and stated to beat with arms, lethal weapons like lathi, danda and sharp edged weapon (axe), due to which the complainant and members of the family got seriously injured.
Learned counsel further submitted that admittedly the informant of the aforesaid F.I.R. and his family members are coparceners in common ancestral property, therefore, some property dispute existed between them. On 24.5.2020 due to aforesaid dispute between the parties, an incident of fracas bursted, wherein members of both the groups clashed with each other. An F.I.R. of the same incident had also been lodged by the present applicant-accused, Naushad on 29.5.2020 bearing F.I.R. No.115/2020.
Learned counsel for the applicant further drew the attention towards the injuries sustained in the incident by the members of the present accused-applicants. He submitted that there is no specific allegation for a particular member of the family including the present accused-applicant or assigning role of causing injury to any specific person of other side, therefore, the present accused applicants cannot be exclusively assigned with role of causing injury and liability arisen thereto. Moreover, the injuries reported are not fatal or caused to vital parts. Since, the present accused-applicants are local resident and are ready to abide from the process of the Court, not in a position to flee away from the jurisdiction of the Court, therefore, they deserves to be granted bail.
On the other hand, learned A.G.A. protesting the bail plea submitted that the present accused-applicants are not law abiding persons, despite the fact an F.I.R. was lodged against them in connection with earlier incident dated 13.5.2020, they again in retaliation assaulted alongwith arms on 24.5.2020 causing serious injuries to the members of the complainant's side.
Further, learned A.G.A. on the basis of instructions submitted that one of the accused-applicant, Naushad has criminal antecedent, therefore, he cannot be plead innocence in the matter for grant of bail.
Learned A.G.A. further submitted that investigation has been completed and charge sheet has been submitted in the court, however, has no rebuttal of the fact that in the F.I.R. itself none of the accused-applicant specifically been assigned any role or arms.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicants (Majle Hasan @ Fajle Hasan & Naushad), involved in Case Crime No.114/2020, under Sections 147, 148, 149, 452, 323, 308, 504, 506 of I.P.C., registered at Police Station- Kohandaur, District- Pratapgarh be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 :- 23.2.2021 Gaurav/-