1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C. has been filed seeking bail in Crime/ FIR No.198 of 2020, under Sections 147, 323, 504, 506, 394 IPC, Police Station Aminabad, District Lucknow.
3. It is alleged that the accused-applicant along with his friends has assaulted the victims by lathi-danda and snatched gold chain. The injury reports of three victims namely Ankur Agrawal, Ishu Asthana and Haider Naqavi have been placed on record with the counter affidavit and they have received injuries of contusion and abrasion etc. on their body parts. The injuries caused to the victims are simple in nature, which should have been given by hard and blunt object. Recovery of gold chain has been effected from the possession of the co-accused.
4. Sri Faizal Haider Zaidi, Advocate has put his appearance on behalf of the complainant and submits that the accused-applicant has long criminal history under Sections 420, 467, 468 I.P.C. and those cases are pending in Delhi.
5. Sri Atul Singh, learned A.G.A. has opposed the bail application.
6. I have considered the allegations made in the F.I.R. and the injury report as well as the submissions advanced by the parties. The applicant is in jail since 22.11.2020.
7. Considering the long incarceration of the accused-applicant and submission of learned counsel for the accused-applicant he may put some financial burden, it would be appropriate to enlarge the accused-applicant on bail.
8. Let applicant Manish Pratap Singh @ Mange Lal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall deposit a sum of Rs.40,000/- within a period of four weeks before the trial Court from the date of his release from jail on bail and trial Court after due verification shall disburse this amount in favour of the victims. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.2.2021 Abhishek Singh