Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39993 of 2018 Applicant :- Shamsher And 2 Other Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Kushwaha,Nazrul Islam Jafri,Wasim Masood Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today which is taken on record.
Heard Sri S. Islam Jafri, Advocate, holding brief of Sri Nazrul Islam Jafri, learned counsel for the applicants, Ms. Archana Singh, learned A.G.A. for the State, Sri Anil Kumar Mishra, learned counsel for the complainant and perused the record.
It has been contended by learned counsel for the applicants that there were four accused persons including the applicants involved in the present case along with one Hadeesh who has been granted bail by Co-ordinate Bench of this Court on 11.03.2019 (copy of the order produced and taken on record). So far the applicants are concerned, they are said to have assaulted two persons including one ten year old child and both the victims have suffered injuries. The applicants are in jail since 22.08.2018.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and drawn the attention of the Court towards the medical report annexed at page 25 wherein it is stated that the injured Nikhil has suffered comminuted fracture right temporal and frontal bones with contusion edema right frontal and temporal lobe.
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 tempering 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 Shamsher and Samshul involved in Case Crime No.99 of 2018 under Sections 147, 148, 149, 323, 504, 506, 336, 307, 308 IPC, Police Station Dildar Nagar, District Ghazipur be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them in accordance with law.
The trial court is directed to expedite the trial of the present case expeditiously preferably within a period of one year from the date of production of a certified copy of this order.
Order Date :- 29.5.2019 Madhurima