Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29950 of 2019 Applicant :- Sanjay Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Manoj Yadav, learned counsel for the applicant and Mr. Lalji Maurya, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Sanjay Yadav with a prayer to enlarge him on bail in Case Crime No. 70 of 2019, under Sections 147, 148, 149, 308, 323, 504 and 506 I.P.C., Police Station-Bansdih Road, District- Ballia, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the present first information report has been lodged by Ravi Shanker Chaudhary on 17th June, 2019 against as many as 11 named and four unknown accused persons alleging therein that there was hot talk and quarrel between the cousin brother of the informant, namely, Chandan and co-accused, namely, Rahul, Vishwajeet, Avanish due to the said incident, on 17th June, 2019 at 11:00 a.m. when the brother of the informant, namely, Rakesh was going to sell milk in the city, on the way Rahul, Avaniesh and four other have assaulted Rakesh by hockey due to which he sustained injuries and his milk has fallen down, on receiving the said information, the informant and family members reached said place to see the injured, where all the accused persons attacked on the informant's side due to which six persons have sustained injuries. It has further been argued by the learned counsel for the applicant that on 17th June, at 11:00 due to petty dispute there was a quarrel between both the parties in which six persons from the informant's side and four persons from the applicant's side have sustained injuries. For the same incident the wife of the co-accused Hare Ram Yadav has also lodged a first information report against as many as 13 named persons including the present informant. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to village politics. Learned counsel for the applicant has then argued that it is a cross case and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 17th June, 2019.
Per contra, the 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. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant 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.
(Manju Rani Chauhan, J.) Order Date :- 26.7.2019 Sushil/-