Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 81 of 2019, under Sections 147, 323, 504, 506, 452, 304 I.P.C., Police Station - Mohanganj, District ? Amethi.
There is cross version in this case. Both sides have sustained injury. As per version of the F.I.R., due to some dispute, accused persons, who were seven in number, came on spot and gave filthy abuses to the family members of the complainant and inflicted injuries upon Ram Dularey and wife of the complainant Monika. Initially the F.I.R. was lodged as NCR under Sections 147, 323, 504, 506, 452 I.P.C. Later on, father of the complainant Ram Dularey succumbed to his injury, then this case was converted under Section 304 I.P.C.
It is stated by learned counsel for the applicant that there is cross case and from side of the applicant, four persons have sustained injury. During course of investigation, statement of Monika was recorded, who has assigned similar role to all the accused persons. Learned counsel for the applicant has further submitted that the co-accused, Ishwardeen and Awadhesh have already been granted bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties as also ground of parity with the co-accused and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Shivpata) be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file 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 :- 30.8.2019/VKS