Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27920 of 2018 Applicant :- Nikki Kumari And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the post mortem report reflects that there is simple injury; general role of assault has been assigned to all the co-accused; applicant no. 1 is aged about 18 years; they have been falsely implicated; co- accused Shanti Devi has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 17.05.2018 passed in Criminal Misc. Bail Application No. 18374 of 2018. It is lastly submitted that the applicants have no other reported criminal antecedent and they are languishing in jail since 27.06.2018; there is no likelihood of early disposal of trial and the applicants undertakes that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicants, Nikki Kumari, Chanda Kumari and Anusuiya Devi, involved in Case Crime No. 19 of 2018, under Sections 147, 323, 504, 304 I.P.C., P.S. Khampar, District Deoria, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial 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 shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 26.7.2018 K.K. Maurya