Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35456 of 2018 Applicant :- Rehul @ Raoul Newton Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri Vikas Tiwari, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased was caused injury by a blunt object, resultantly, the deceased succumbed to injury; postmortem report supports the prosecution version; cause of death is due to head injury.
It is urged by learned counsel for the applicant that the informant in his statement has categorically stated that the deceased was continuously throwing garbage at the house of the applicant; on the date of incident the act of throwing garbage was repeated, once in the morning, then again in the evening; in fit and fury the assault was caused; there is no previous enmity; there was no intention to cause injury; no lethal weapon has been used; no recovery has been made from the applicant; applicant is a young student of B.Com aged about 22 years; applicant having no other reported criminal antecedent is languishing in jail since 13.2.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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-Rehul @ Raoul Newton involved in Case Crime No. 30 of 2018, under Sections 323, 302, 452 I.P.C., Police Station Sipri Bazar, District Jhansi be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) 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.
Order Date :- 20.9.2018 S.Prakash