1. Heard learned counsel for the accused-applicant, learned counsel for the complainant, Mr. Mukesh Singh as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.059 of 2020, under Sections 354, 323, 504, 188 and 325 IPC, Section 51 of the Disaster Management Act, 2005, Section 3 of the Epidemic Act, 1897 and Section 7/8 POCSO Act lodged at Police Station Gaisadi, District Balrampur.
3. Learned counsel for the accused-applicant submits that the accused-applicant is 75 years of age; he and his family members are the accused for commission of the offence, as mentioned in the FIR in question; cross FIR was lodged from accused side; both sides have received injuries; female members of the accused and female members of complaint's side have assaulted each other, however, the present accused-applicant has been dragged in the offence to make it serious.
4. Considering the aforesaid facts and circumstances of the case, the fact that the accused-applicant has been languishing in jail since 12.01.2021 and without commenting upon merit of the case, I find it to be a fit case for grant of bail.
5. Let applicant-Ram Lakhan Verma, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 his bail and proceed against him in accordance with law.
[D.K.Singh,J.] Order Date :- 5.4.2021 MVS/-