Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35955 of 2018 Applicant :- Radhacharan Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It is contended that as per the prosecution case, quarrel took place between the parties regarding cow grazing in the field and damaging the wheat crop; role of assault has been assigned to five nominated persons in which three were armed with lathi-danda, two with guns and they caused injury to the deceased, resultantly, Raj Veer and Kaneya succumbed to bullet injury, whereas, two others were injured; postmortem examination report supports the prosecution case; co-accused Mangey and Girdhari have been assigned the role of causing fire arm injury; applicant is alleged to have assaulted by lathi-danda along with two others; author of causing injury has not been specified.
It is urged by learned counsel for the applicant that the parties are of the same family; there are injured persons on the side of the applicant; injury caused by lathi-danda are simple and not on vital parts of the body of the injured; applicant has no other reported criminal antecedent; applicant is languishing in jail since 24.42018. If he released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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 applicant-Radhacharan involved in Case Crime No. 175 of 2018, under Sections 147, 148, 149, 302, 307, 34 I.P.C., Police Station Jamunapar, District Mathura be released on bail on his furnishing a personal bond each in the like amount to the satisfaction of the court concerned with 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.
Order Date :- 25.9.2018 Saurabh