Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30586 of 2019 Applicant :- Shiv Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Shiv with a prayer to enlarge him on bail in Case Crime No.272 of 2017, under Sections 147, 323, 504, 506, 324, 452, 308 I.P.C., Police Station Sevrahi, District Kushinagar.
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 argued by learned counsel for the applicant that it is a cross case in which FIRs have been lodged by both sides. There was some land dispute between the parties, due to which on 18.07.2019 both sides have assaulted each other in which two persons from the side of applicant and four persons from the side of informant have sustained injuries, but who was the aggressor cannot be ascertained at this stage. 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 25.06.2019. Accordingly, he requests for bail.
Learned counsel for the State vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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.
Order Date :- 30.7.2019
Anand Sri./-