Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7011 of 2018 Applicant :- Shivprasanna Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Maya Pati Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 1098 of 2017, under Sections 307 and 302 IPC, P.S. Shohratgarh, District Siddharth Nagar is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR of the incident was lodged against unknown persons. Learned counsel for the applicant that the deceased is 100 plus years. The allegation is that the two unknown person assaulted by Lathi, Danda and Saria and during the intervening night 28/29-05-2017. There was two incidents earlier to present one, Ramzan Ansari too was said to assaulted by lathi, danda by unknown miscreatns. Ramzan ansari has sustained eight simple injuires over his peson, thereafer those persons have raided the house of deceased Ishaq Chaudhary who, as manetioned above 100+ years and have suffered only one laceration over right eye brow and fractureof his three ribs. It is submitted by the counsel that these injuries could be caused by falling down. The injured Ramzan Ansari got his 161 Cr.P.C. statement recorded after two months ( on 17.07.2017). Keeping in view the way, manner, weapon of assault and other relevant factors, the applicant is entitled for bail. The applicant is in jail since 17.10.2017 having no criminal antecedent to his credit, is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute above mentioned factual aspect of the issue.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Shivprasanna Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 1098 of 2017, under Sections 307 and 302 IPC, P.S. Shohratgarh, District Siddharth Nagar with the following conditions:-
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANTS 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 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.
(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 APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a 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 :- 23.2.2018 Abhishek Sri.