Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55149 of 2019 Applicant :- Mishri Chauhan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let a supplementary affidavit filed on behalf of the applicant be taken on record and Vakalatnama on behalf of the complainant filed by Sri U.S. Chauhan, Advocate be also taken on record.
Heard learned counsel for the applicants, Sri U.S. Chauhan, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicants with prayer that they may be enlarged on bail during trial in Case Crime No. 93 of 2019, under Sections 147, 148, 149, 302, 323, 452 of I.P.C., Police Station - Mardah, District Ghazipur.
The F.I.R. of this incident was got lodged against six accused persons, namely, Mishri Chauhan, Dharmendra Chauhan, Vishwanath Chauhan, Shushila Devi, Parvati Devi and Reena Chauhan alleging that on 10.6.2018 at 18:00 hours they assaulted by lathi-dandas and sharp edged weapons at Ram Sarekh. He received nine injuries-one lacerated wound on head and other contusions etc. and died.
Learned counsel for the applicant submitted that applicants have been falsely implicated in the present case and they have also filed First Information Report against the complainant side and cross case was also registered and accused side has also received injuries. The First Information Report lodged on behalf of the accused applicants was also registered as Case Crime No. 92 of 2019, under Sections 147, 323, 504 of IPC, Police Station Mardah, District Ghazipur. It is also submitted that there is no independent eye witness and in case the present accused applicants are released, they will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants as well as the fact that a cross case is also pending against complainant side in connection with the same incident.
After considering the rival submissions of the learned counsel for the parties, considering the facts and circumstances of the case, the period of detention of the applicants and also considering that there is a cross case between the accused applicants and complainant side, without commenting 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 applicants - Mishri Chauhan and Dharmendra Chauhan involved in the aforesaid crime be released on bail on each of them furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail 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 may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants all 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 their bail and proceed against them in accordance with law.
Order Date :- 16.12.2019 LBY