Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23719 of 2019 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Mishra,Tulasi Das Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Suresh Chandra, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The instant bail application has been filed on behalf of the applicant Ravi with a prayer to release him on bail in Case Crime No. 114 of 2018 under Sections 302, 323, 342, 504, 506, 147, 148 and 149 IPC, Police Station Raksa District Jhansi during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It has also been argued that firstly, the FIR has been lodged by brother of the deceased against accused persons. Subsequently second FIR was lodged by father of the deceased naming as many as 18 person. General allegations assaulting with lathi and danda have been levelled against all the accused persons. Co-accused Ajay @ Bitul and Sahab Singh who have been named by the deceased in the statement, have already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 12225 of 2019 and 17661 of 2019 by order dated 27.3.2019 and 26.4.2019 respectively. The criminal history of the applicant has been explained in para 20 of the present application. The applicant is languishing in jail since 31.3.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Ravi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
Order Date :- 7.6.2019 Mohit Kushwaha