Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43144 of 2020 Applicant :- Rajendra Rajak Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ajay Kumar Shukla
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dhirendra Kumar Dwivedi, learned counsel for the applicant, Sri Ajay Kumar Shukla, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 329 of 2020, under Sections 147, 148, 149, 304, 323, 504 I.P.C., Police Station- Meja, District- Prayagraj (Allahabad) is seeking enlargement on bail during the trial. The applicant is in jail since 15.7.2020.
Contention raised by learned counsel for the applicant is that the F.I.R. was lodged by one Rahul Kumar Kannaujiya on 30.6.2020 against as many as nine named accused persons with the allegation that all of them were armed with lathi, danda and sariya and assaulted indiscriminately upon the injured. In this transaction, a young boy namely Jayraj aged about 10 years lost his life and rest of the injured persons sustained injuries. Perusal of postmortem report as well as the statements under Section 161 Cr.P.C. of the injured reveals that general and omnibus role has been attributed to every assailants. There is an alleged recovery of three Dandas from an open place by the police, which is not even bloodstained. It is submitted that co- accused Gulab Kali @ Gulab Dei has already been enlarged on bail by the coordinate Bench of this Court vide order dated 20.11.2020 in Criminal Misc. Bail Application No. 38032 of 2020. Therefore, the applicant, having no criminal antecedent to his credit, deserves to be enlarged on bail on the basis of principal of parity.
Learned A.G.A as well as learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Rajendra Rajak, who is involved in Case Crime No. 329 of 2020, under Sections 147, 148, 149, 304, 323, 504 I.P.C., Police Station- Meja, District- Prayagraj (Allahabad), be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 I.P.C.
(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., MAY BE ISSUED AND IF 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 I.P.C.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 5.1.2021 Vikas