Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.46 of 2019, under Sections 302, 354, 506 I.P.C., police station - Achalganj, District- Unnao.
The submission of the learned counsel for the applicant is that the applicant is not named in the F.I.R. It is stated that on 26.02.2019 at about 8.00 p.m. when the Hori Lal who is brother of the complainant was sitting on the door, named accused persons came inebriated condition and started abuses, when the brother Hori Lal resisted, they were badly beaten, due to which, Hori Lal, daughter of the complainant, Malti and Gomati had sustained injuries. Initially, this case was registered under Section 307 I.P.c. but after the death of injured Hori Lal, it was converted under Section 302 I.P.C.
It is stated by learned counsel for the applicant that the applicant is not named in the F.I.R. Later, when the statements of injured Malti and Gomati were recorded, they had assigned the role of exhortation to the present applicant. No active role of inflicting injury has been assigned to him.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Nanhku @ Nanhkau) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
Order Date :- 30.7.2019 sks