Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12598 of 2021 Applicant :- Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Dubey,Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.413 of 2020, under Sections 307, 323, 324, 325 I.P.C., Police Station Sadabad Kotwali, District Hathras.
Learned counsel for the applicant submits that according to the FIR version on 25.9.2020 at about 4:00 a.m. informant Radheyshyam was sitting on the cot at his tube-well, all of sudden, Munesh and Raju coming from behind assaulted him by the sharp weapon on account of which he received several injuries on his head and body. Information was given on 112 dial and injured was taken to CHC Sadabad. He further submits that FIR was lodged u/s 323, 324 IPC on 29.9.2020 and as per Annexure-2 of the rejoinder affidavit initially application was moved against Munesh son of Dorilal thereafter name of the applicant was also added. In the site plan no any cot has been mentioned. He further submits that assault was made from behind at 4:00 a.m. and in that situation assailant cannot be identified. Injury has been found only on left side and who caused the injury is not specified. As per supplementary injury report three injuries have been found i.e. a linear undisplayed fracture of parietal bone; two uni-corticate fractures (of the outer table) noted in left frontal and posterior aspect of left parietal bone respectively and soft tissue scalp swelling noted in left fronto parietal region. He further submits that the applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 31.12.2020.
Per contra, learned A.G.A. and and learned counsel for the informant have opposed the bail prayer of the applicant by contending that the injuries caused to the injured are fatal, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, incident occurred at 4:00 a.m. and assailant came from behind of the deceased and assaulted him as to how he was identified not disclosed in the FIR and as per site plan tube-well and cot where it is alleged that injured was sitting being not shown, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.9.2021 m.a.