1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2.The applicant by means of instant application has prayed for bail in case crime No.1386 of 2017, under Sections- 147, 148, 323, 504, 506, 302 of I.P.C., police station - Ramgaon, District Bahraich.
3. Learned counsel for the applicant submitted that the accused applicant has falsely been implicated in the present case. It has further been submitted that as per the FIR, no role has been assigned to the accused-applicant and no incriminating article has been recovered on the pointing out of the applicant. No specific role has been assigned to the applicant and role of causing injuries to the deceased by Fawra has been assigned to co-accused Vindra. Therefore, the case of the applicant is distinguishable from the case of co-accused Vindra. The accused-applicant is languishing in jail since 1.9.2017 having no criminal history. It is further submitted that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it is submitted that co-accused Ramu Yadav has already been granted bail by this Court in Crl. Misc. Bail Application No.5011 of 2018 and the role of the applicant is similar to that accused.
4.Learned A.G.A. opposing the prayer for bail submits that recovery of blood stained Danda has been made from the applicant but there is no F.S.L. report which can establish whether the said weapon was used in the said occurrence. Even otherwise, learned counsel for the applicant has submitted that Danda is commonly available and its recovery would not lead to any specific finding against the applicant.
5.Without expressing any opinion on the merits of the case and considering the fact that no specific role has been assigned to the applicant and he is languishing in jail for last about four years and on the ground of parity, the applicant is entitled to be released on bail in this case.
6.Let the applicant, Sipahi Lal Yadav, involved in Case Crime No.1386 of 2017, under Sections 147, 148, 323, 504, 506 and 302 IPC, Police Station - Ramgaon, District - Bahraich, be released on bail on his furnishing a personal bond 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 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.
7. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 13.8.2021 (Alok Mathur, J.) RKM.