Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18324 of 2019 Applicant :- Shamsher Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Dinesh Kumar Singh for the applicant and Shri Amit Sinha, learned AGA for the State.
This bail application has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 154 of 2018, under Sections 323, 504, 506, 308 of IPC, Police Station- Jaitpura, District-Varanasi.
As per prosecution case, on 16.02.2018, one Monu was assaulted by accused persons as a result of which he sustained number of injuries.
Counsel for the the applicant submits that similarly placed co- accused persons Javed, Irfan and Ibran have already been granted bail by this Court. Lastly, it has been submitted that the applicant is in jail since 17.06.2018.
On the other hand, learned AGA opposes the application for bail. However, he does not dispute that the case of the applicant is identical to that of co-accused persons Javed, Irfan and Ibran, who have already been granted bail.
Considering the facts and circumstances of the case, in particular, the role assigned to the applicant and the fact that identically placed co-accused persons have been granted bail by this Court, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Shamsher be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 30.4.2019 nethra