Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This bail application has been preferred by the accused-applicant Ram Dularay, who is involved in Case Crime No.196 of 2015, under sections 147, 148, 149, 302,323, 504,506 I.P.C, police Station Mahewaghat, District Kaushambi.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. According to him the medical evidence does not support the prosecution version. At the time of occurrence, the applicant had gone out of his village. He has not been ascribed any specific role. Nothing incriminating has been recovered on his pointing out. The deceased sustained injuries from hard and blunt object.The prosecution version is not proved.The applicant has no previous criminal history. He is a family man. He has a permanent residence. He is not likely to abscond.
On behalf of State and complainant the prayer for bail has been opposed. Sri Manish Kumar Dwivedi, learned counsel for the complainant submits that the incident during the course of day hour there is credible evidence account. One injured Neeraj has also supported the prosecution version.
Six persons are said to have been assaulted the injured -victim with lathi, danda and kulhari. The deceased did not sustain any injury caused by sharp edged weapon. He has no previous criminal history.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Ram Dularay be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of 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, if 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(iii). In case, the applicant misuses the liberty of bail 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 his, 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against his in accordance with law.
Order Date :- 21.9.2016 G.S