Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36288 of 2021 Applicant :- Ramakant Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Maurya Counsel for Opposite Party :- G.A.,Onkar Nath
Hon'ble Samit Gopal,J.
Heard Sri Rakesh Kumar Maurya, learned counsel for the applicant, Sri Onkar Nath, learned counsel for the first informant, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ramakant, seeking enlargement on bail during trial in connection with Case Crime No. 118 of 2021, under Sections 147, 148, 323, 324, 308 I.P.C.
registered at P.S. Chandaus, District Aligarh.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that both sides have received injuries in the incident which is said to have taken place on a spur of moments after scuffle started between the parties. It is argued that even if the injuries are taken to be true and the incident is considered as it, it will not travel beyond Section 324 I.P.C. Both sides have been challaned by taking recourse of provisions of Sections 107 and 151 Cr.P.C. The applicant is having no criminal history as stated in para-15 and is in jail since 06.7.2021.
It is further argued that the co-accused Bacchu Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 23.10.2021 passed in Criminal Misc. Bail Application No. 36290 of 2021, Bacchu Singh Vs. State of U.P., and case of the applicant is identical to that of the said co-accused. Parity is claimed. It is argued that even the applicant has a better case as he has no criminal history but the co-accused Bacchu Singh has criminal history which was considered while granting bail.
Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and argued that there are injuries on the side of the prosecution and the side of the applicant were aggressors.
After having heard learned counsels for the parties and perusing the record, it is evident that both sides have received injuries. The incident took place at a spur of moment after scuffle. The co-accused Bacchu Singh has been granted bail.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Ramakant, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 26.10.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.10.26 17:56:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad