Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14598 of 2019 Applicant :- Sonu And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashwani Mishra, learned counsel for the applicants and Sri Sheetal Prasad Chaudhary, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicants-Sonu and Dalchandra with a prayer to enlarge them on bail in Case Crime No. 14 of 2019, under Sections 307 and 393 I.P.C., Police Station-Vijaygarh, District-Aligarh, during the pendency of the trial.
Learned counsel for the applicants submitted that general role of assault has been assigned to all the four accused named in the FIR. It is next submitted that all the six injuries are reported to be simple in nature and caused by blunt object. Reliance has been placed to the injury report filed as Annexure-3 to the affidavit. It is also submitted that no recovery of any fire-arm weapon as alleged in the First Information Report has been made by the applicant.
Learned counsel for the applicants has next submitted that the co- accused, namely, Govind has already been enlarged on bail by this Court vide order dated 15th April, 2019 passed in Criminal Misc. Bail Application No. 15539 of 2019. The case of the present applicants are similar and identical to that of the aforesaid co- accused. As such the present applicant is also liable to be enlarged on bail. The applicants have no criminal antecedents to their credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in since 17th February, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicants.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicants 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 applicants shall file an undertaking to the effect that they 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 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 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 their presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 26.4.2019 Sushil/-