1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0233 of 2020, under Section 307 and 504 IPC lodged at Police Station Purwa, District Unnao.
It is alleged that the accused-applicant was running a 'Goshala' on government aid, but the animals were dying in his Goshala; regarding this, elder brother of the complainant had given a complaint to the higher authorities and, on the date of incident, the accused-applicant, along with his brother, grossly abused and, on exhortation of his brother, the accused-applicant fired on the complainant; however, the bullet did not hit the complainant, but it went away touching stomach of the complainant; the injury report of the complainant has been placed on record, which shows abraded contusion on abdomen.
3. Learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated in the case. The fact is that the complainant and others have assaulted; even the present accused-applicant and his brother have received serious injuries; against the complainant and others, an FIR has also been registered; injury report of the accused-applicant has been placed on record.
4. Learned Additional Government Advocate states that the accused-applicant has criminal history of six cases, including one under Section 302 IPC. The learned A.G.A. also states that the recovery of country-made pistol was from the accused-applicant.
The learned counsel for the accused-applicant further states that the two cases are regarding the present incident; two are under the Goondas Act of which the accused-applicant has no information and, two other cases relate to the year 2014 in which the accused-applicant is on bail.
5. Considering the aforesaid facts and circumstances of the case and without commenting any further upon merit of the case, I find it to be a fit case for enlarging the accused-applicant on bail, who has been languishing in jail since 15.08.2020.
6. Let applicant-Shashi Prakash Srivastava @ Lalai, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
[D.K.Singh,J.] Order Date :- 22.1.2021MVS/-