Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. F.I.R. has been lodged after three days of the incident. There is general allegations against all other co-accused. As per prosecution story, it is not clear that who is the author of injury. It is next submitted that co-accused, Sanni, Rahul Lemon Wale, Ankit @ Bhaynkar and Anuj Bansal have already been granted bail by this Court on 09.05.2019, 1.7.2019 and 7.8.2019 in Criminal Misc. Bail Application Nos. 19699, 25626 and 29969 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 30.07.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Monu @ Basant Kumar, involved in Case Crime No. 43 of 2019, under Sections- 147, 148, 149, 307, 323 I.P.C., Police Station- Kotwali Shamli, District -Shamli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.1.2021 Sartaj