Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 22 of 2019, under Sections 304, 308, 323, 504, 506 IPC, Police Station Sadarpur, District Sitapur.
In this case initially F.I.R. was lodged under Sections 323, 504, 506 IPC. It is alleged that on 30.01.2019 at 6.30 A.M. accused persons who were three in number beaten the family members of the complainant due to which brother of the complainant Banke Lal sustained serious injuries. Injured Banke Lal was admitted in Trauma Center, Lucknow on 30.01.2019 and was discharged on 16.02.2019. It is stated that he was completely hale and hearty and was living in the residence but after one month he died on 18.03.2019. Then this F.I.R. was converted under Section 304 IPC.
It is stated by learned counsel for the applicant that head injury which was sustained by the deceased during the incident was completely healed and cause of death was not the head injury. Infact as per the post mortem report there was an infected wound measuring 10 C.M. X 8 C.M. present over sacrum area of the vertebral columns and other injury was old stick wound present on the left temporal and parietal area of the skull. Cause of death was mentioned as septicemia and shock. It is submitted that infact deceased died due to septicemia and not by the head injury which was caused in the skull. There are general role assigned to the all the accused persons.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Ram Aadhar @ Ramadhar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 :- 29.8.2019 ML/-