Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11571 of 2019 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant and Sri Lalji Maurya, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Manoj Kumar with a prayer to enlarge him on bail in Case Crime No. 218 of 2018, under Sections 498-A, 307 and 323 I.P.C., Police Station-Fatehganj, District-Bareilly, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the applicant is the husband of the victim. The first information report has been lodged on 21st October, 2018 by Bhanu Pratap i.e. the brother of the victim, namely, Vandan against the husband (applicant herein), father-in-law and mother-in-law of the victim, alleging therein that the marriage of the victim has been solemnized with the applicant 10 years ago. Just after marriage the applicant used to beat and harass the victim. On 21st October, 2018 at 03:00 p.m. he fired upon the victim by country-made pistol due to which she sustained gun shot injury on her left leg. The charge-sheet has been submitted only against the applicant only. It has been further argued by the learned counsel for the applicant that due to petty dispute, a quarrel took place between the husband and wife in which she sustained injuries. It is a case of simple sudden provocation and there is no motive or intention to assault the victim. As per the medical examination report, the injuries sustained by the victim are simple in nature and also not on vital part of her body. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 5th January, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.) Order Date :- 26.4.2019 Sushil/-