Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33805 of 2021 Applicant :- Manrakhan Opposite Party :- State of U.P.
Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A.,Pramod Kumar Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 126 of 2021, under Sections 307, 504 IPC, Police Station - Charwa, District - Kaushambi with the prayer to enlarge the applicant on bail.
The incident is alleged to have taken place at about 4:00 P.M. on 15.06.2021. The FIR was lodged against four persons including the present applicant Manrakhan. It was alleged by complainant Smt. Chaurasiya in the report that earlier an altercation had occurred between the family members of the complainant and applicant Manrakhan. Today, the complainant's son was sitting outside the house. The accused persons came and started abusing indecently. It was further alleged in the FIR that when the complainant's son objected to the abuses of the accused persons, then, accused Ramrakhan made fire-shot with country made pistol hitting on the hand of the complainant's son.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that there is no gun shot injury on the person of the injured and there was only fire burning opined by the doctor. It is also argued that the alleged injury was not on the vital part of the body of injured and the doctor has opined that the alleged injury was neither grievous nor fatal to life. Lastly, it is argued that the applicant is in jail since 17.06.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that there was not gun shot injury caused to the injured, it was only fire burning and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Manrakhan in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 29.10.2021 LBY