Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25381 of 2018 Applicant :- Rajvir And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Arjun Singh Solanki, learned counsel for the applicants and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that as per prosecution case, the informant Hori Lal was assaulted by lathi and danda by Rajvir, Mahipal and one other co-accused Rakesh pertaining to some dispute regarding plot of land; informant subsequently succumbed to his injury after 20 days of the incident; post mortem report reflects one injury i.e. traumatic swelling on the back of skull; general allegation has been assigned to the applicants; author of the assault is unidentified; It is lastly submitted that the applicants have no other reported criminal antecedent and they are languishing in jail since 02.04.2018, there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants, Rajvir and Mahipal, involved in Case Crime No. 769 of 2017, under Section 304 I.P.C., Police Station Soron, District Kasganj, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their 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 their 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 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 applicants 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 them in accordance with law.
Order Date :- 30.7.2018 K.K. Maurya