Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23554 of 2019 Applicant :- Pappu Yadav and Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Prakash Yadav,Satya Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Satya Prakash Yadav, learned counsel for the applicants and Mr. Om Narain Tripathi, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicants- Pappu Yadav and Banarasi Yadav with a prayer to enlarge them on bail in Case Crime No. 186 of 2018, under Sections 452, 323, 504, 506, 325 and 308 I.P.C., Police Station-Chaubeypur, District-Varanasi, during the pendency of the trial.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. They are of no criminal antecedent. It is next contended that from the side of the applicant an FIR was lodged against informant side for the offence said to have been committed on 24.4.2018 which is under investigation. Present FIR was lodged initially for the offence under Sections 147, 452, 323, 504 and 506 IPC and during investigation it was converted into the offence under Section 308 IPC. Referring to the version of both FIRs, it is submitted that both parties have received injuries. It is a cross version case. Learned counsel for the applicant has next submitted that who, out of the two rival groups, is the aggressor, cannot be determined at this stage.It is further submitted that the co-accused, namely, Raghunath Yadav and Shivbharos Yadav have already been enlarged on bail by the another Bench of this Court vide orders dated 13th March, 2019 and 27.5.2019 passed in Criminal Misc. Bail Application Nos. 10873 of 2019 and 22020 of 2019, respectively. The cases of the present applicants are similar and identical to that of the co- accused Raghunath Yadav and Shivbharos Yadav. Aa such the present applicants are also entitled to be enlarged on bail. The applicants have no criminal antecedents to their credit except the present one. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, they are enlarged on bail and they shall not misuse the liberty of bail. They are languishing in jail since 20th April, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they 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 applicants.
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 applicants Pappu Yadav and Banarasi Yadav involved in aforesaid case crime be released on bail on their 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 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 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 applicants misuse the liberty of bail during trial and in order to secure his 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 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 them in accordance with law.
Order Date :- 6.6.2019 Pcl