Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. It is further submitted that as per the version of FIR named eight accused persons including present applicant have fired with country made pistol and women of these accused persons have pelted stones and bricks, due to which injured Soni, Monu and informant have sustained injuries but it is not ascertain as to who caused the injury to the injured. Nothing incriminating article has been recovered from the possession of the accused applicant. The case of the present applicant is similar to that of coaccused Vimlesh and Vimal alias Kamlesh, who have already been granted bail by this Court vde orders dated 17.1.2020 and 1.12.2020 passed in Bail No. 12419 of 2019 and 10074 of 2020 respectively. The accused applicant claims parity with the order of aforesaid coaccused. The accused applicant may be released on bail on the ground of parity.
The accused applicant is languishing in jail since 27.12.2020. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses . In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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 Ritik @ Anurag involved in Case Crime No. 1083 of 2019, under Sections 147,148,149,336,307,504,324 IPC, Police Station Kotwali, District Unnao be released on bail on his 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.
Order Date :- 29.1.2021 GSY