Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15402 of 2019 Applicant :- Munna Urf Rohit Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rahul Saxena, Advocate holding brief of Mr. Manish Joshi, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Munna @ Rohit with a prayer to enlarge him on bail in Case Crime No. 1309 of 2018, under Sections 147, 148, 149,307, 332, 352, 394, 427, 336, 224, 225 I.P.C. Section 3 of Prevention of Damages to Public Property Act, 1984 and Section 7 of Criminal (Amendment) Act, Police Station-Civil Lines, District- Moradabad, during the pendency of the trial.
It has been argued by learned counsel for the applicant that as per the allegations made in the first information report lodged on 24th December, 2018 by Sub-Inspector Kuldeep Singh, when the Police Personnels after catching Munna @ Rohit (applicant herein) who was wanted in another case, reached the gate of railway station, then mother of the applicant along with 11 others named accused and 30-40 unknown persons came in order to save the applicant from the Police and they attacked on the Police Personnels with bricks, stones, chilli powder and country-made pistols due to which three Police Personnels had sustained injuries. It has further been argued by the learned counsel for the applicant that in another case being Case Crime No. 1083 of 2018 under Sections 392 and 411 I.P.C. the applicant was arrested on 25th December, 2018, therefore, the entire story narrated in the present first information report appears to be highly improbable, even if the same is correct, injuries sustained by the Police Personnels are simple in nature. No specific role of assaulting the injured has been assigned to any of the accused and only general role has been assigned to all the accused. There is no independent or public witness. The applicant has one criminal history to his credit except the present one, which has been detailed above. It has further been argued that some of the co-accused, namely, Km. Ragini, Smt. Taranjeet Kaur @ Nanhi and Smt. Priya, who have been named in the first information report, have already been enlarged on bail. 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 25th December, 2018.
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/-