Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1334 of 2019 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Singh,Saurabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mrigendra Singh holding brief of Sri Saurabh Srivastava, learned counsel for the applicant, Sri Madnesh Prasad Singh, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Shahid with a prayer to enlarge him on bail in Case Crime No.0423 of 2018, under Sections 307, 323, 324, 506 I.P.C., Police Station Jahanabad, District Pilibhit.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR on 20.11.2018 when the informant was coming from Bareilly on roadways bus along with certain belongings to his house. He got down from bus at Shahi Adda, and after keeping his belongings he went for urination at about 6.30 p.m. when accused Shahid as well as his brother came and started beating him. The accused persons had also cut his ear by sharp edged weapon. When the informant started screaming, the accused ran away after threatening to kill him. In the statement of the injured, the role of causing injuries is assigned to the applicant but the injuries are said to be simple in nature. It is next contended that the applicant has no criminal history and there is no possibility 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 and the applicant is languishing in jail since 23.11.2018. Accordingly, he requests for bail.
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 material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, 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.
However, the trial Court is directed to expedite the trial of the present case and conclude the same expeditiously from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 31.7.2019 Anand Sri./-