Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22766 of 2016 Applicant :- Ram Sakal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Laxmi Kant Bhatt,Rajesh Yadav,Sanjeev Kumar Shukla Counsel for Opposite Party :- G.A.,Raghvendra Prakash
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjeev Kumar Shukla, learned counsel for the applicant, Sri Raghvendra Prakash, learned counsel for the complainant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is said to have assaulted the deceased with brick and the deceased was injured on account of single injury. The applicant has no other reported criminal antecedent. The applicant is in jail since 03.12.2015, he is aged about 60 years and the trial has not been concluded.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that the statement of applicant under Section 313 Cr.P.C. has been recorded and the trial is under competition.
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 applicant is entitled to be released on bail in this case.
Let the applicant Ram Sakal Yadav involved in Case Crime No. 242 of 2015, under Sections 302, 323, 504, 34 I.P.C., Police Station Meh Nagar, District Azamgarh be released on bail on his furnishing a personal bond of Rupees one lac with two sureties (one should be of his family member) each in 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of three months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 7.9.2018 M/A.