Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49946 of 2021 Applicant :- Ravi Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.893 of 2021, under Sections 147, 148, 149, 323, 325, 307 IPC, registered at Police Station-Sector 49 Noida, District- Gautam Budh Nagar, during pendency of trial.
As per the prosecution case, the applicant along with 8-10 unknown persons is said to have assaulted with lathi-danda and helmet and attempted to set the injured ablaze; the injured to save himself jumped into a drain. It is urged that the incident is of 12.08.2021 and the F.I.R. was lodged belatedly on 14.08.2021; As per the medical report, the injuries are simple in nature; It is urged that the applicant is languishing in jail since 18.08.2021 having no criminal antecedents prior to the said incident and undertakes that in case the applicant is enlarged on bail, he will misuse the liberty of bail and will cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.
Per contra, learned AGA opposed the prayer for bail, however, does not dispute the fact.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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- Ravi, 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 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 23.12.2021 SK Goswami (Suneet Kumar,J.)