This is the second bail application. The first bail application was dismissed for want of prosecution by co-ordinate Bench of this Court vide order dated 18.05.2017 passed in Bail No.2127 of 2016.
Heard learned counsel for the applicant, 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.519/2014, under Sections 307 I.P.C., Police Station - Gosainganj, District - Sultanpur.
As per version of the F.I.R. on 12.10.2014 at about 5.00 PM son of the complainant namely Kausalendra Pratap Singh was playing volleyball in a nearby grove alongwith the present applicant and his brother Gyaneshwar Singh @ Shishu. During game some hot altercation took place between them, whereupon the accused persons, who are two in number opened fire through their respective fire arms, due to which the injured sustained injury in his leg and had fallen down, thereafter both accused persons had opened 4-5 fire shoots, which hit on abdomen, jaw, leg and head. In serious condition, firstly the injured was taken to District Hospital and after giving initial treatment, he was referred to Medical College, Lucknow, where his treatment was going on, then this F.I.R. was lodged.
It is stated by learned counsel for the applicant that the applicant is in jail since 26.10.2014. As per injury report, there was six injury on different part of body of the injured. As per version of the F.I.R., both accused persons had opened fire upon the injured, however, later on when the statement of injured was recorded in the court, he had changed his version and main role of firing had been assigned to the present applicant. It is further stated that there was some improvement made by the injured before the court and on the basis of statement of the injured recorded in the court co-accused Gyaneshwar @ Shishu has already been granted bail by co-ordinate Bench of this Court vide order dated 25.03.2019 passed in Bail No.4276 of 2018. It is further stated that all witnesses of fact have already been examined before the court and the last witness was examined in the court on 28.10.2017 and since then there is no progress in the trial.
Learned A.G.A has opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by 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 (Parmeshwar Singh @ Shani) 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 :- 26.8.2019 S. Kumar