Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29990 of 2019 Applicant :- Pintoo Rai Alias Rajnish Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Akshay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
In view of averments made in paragraph-2 of the supplementary affidavit filed along with the present bail application, learned counsel for the applicant is permitted to add Section "352" in the prayer clause today itself.
Heard Sri Akshay Kumar Shukla, learned counsel for the applicant and Lalji Maurya, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Pintoo Rai @ Rajnish Rai with a prayer to enlarge him on bail in Case Crime No. 299 of 2019, under Sections 323, 504, 506 452, 352 and 308 I.P.C., Police Station-Doharighat, District-Mau, during the pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the allegations made in the First Information Report as many as three nominated and one unknown person are said to have assaulted the victim due to which in saving the victim his four family members, namely Himanshu Rai, Shivshankar Rai, Vartika Rai and Geeta Rai have also suffered injuries. As per the supplementary injury report Vartika had suffered a fracture on her left hand. Learned counsel for the applicant has next submitted that even in the statement of the victim the author of the injury, due to which, she has suffered fracture, has not been specified.
Learned counsel for the applicant has next submitted that the applicant is in jail since 15th June, 2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Police report has already been submitted and the chances of conclusion of trial in the near future is very bleak due to heavy docket. Learned counsel for the applicant has next submitted that the applicant has no criminal antecedents to his credit except the present one. It is then submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. It has lastly been submitted by the learned counsel for the applicant that the co-accused, namely, Amit Rai @ Happy Rai and Ravi Rai, who have been assigned nearly same role, have already been enlarged on bail by this Court vide orders dated 6th March, 2019 and 12th April, 2019 passed in Criminal Misc. Bail Application Nos. 48954 of 2018 and 9660 of 2019. The case of the present applicant is nearly similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he 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 applicant.
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 applicant involved in aforesaid case crime be released on bail on his 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 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.
(Manju Rani Chauhan, J.) Order Date :- 26.7.2019 Sushil/-