Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30351 of 2021 Applicant :- Parvendra @ Pintu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.,Amit Rana
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Amit Rai, learned counsel for the applicants, Sri Amit Rana, learned counsel for the informant and Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants- Parvendra @ Pintu and Balveer @ Ballu with a prayer to release them on bail in Case Crime No. 354 of 2021, under Sections 307, 504 I.P.C., Police Station- Chandpur, District- Bijnor, during pendency of trial.
As per the prosecution story, on 14.06.2021, at about 9:30 hours, as many as three named accused came to the house of the informant having illegal weapons in their hand and after exhorting fired upon the informant but no injury has been assigned. Therefore, it is a case of no injury and also there is no motive or intention to commit the offence by the applicants. The applicants are languishing in jail since 15.06.2021. The criminal history of the applicants has been explained in para 13 of the affidavit. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
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, he does 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.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicants involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
(i) The applicants will file an undertaking to the effect that they will 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 will 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 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 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 will 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 are 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative(s)/counsel of the applicants along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021/Priya