Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35429 of 2021 Applicant :- Sunil Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Ankesh Kumar Dubey Counsel for Opposite Party :- G.A.,Purushottam Mani Tripathi
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 642 of 2020, under Sections 147, 148, 149, 452, 323, 504, 506, 427, 308, 325 IPC, P.S. Gola, District Gorakhpur.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that general role of assault has been assigned to all the six accused persons including the applicant. It is further contended that the injuries sustained by two injured are simple in nature. It is further submitted that applicant has also filed FIR against the informant's side under Sections 323, 325, 504, 506 IPC and applicant's side has also sustained injuries. It is further contended that co accused namely Rahul Tiwari, Anoop Tiwwari and Abhishek Tiwari, Deepak Tiwari @ Deepu have already been released on bail by the courts below, copies of the bail orders are annexed as Annexure No. 8 to the bail application. It is further submitted that applicant is assigned the role of causing injuries by axe but there is no recovery of axe. Applicant is in jail since 26.7.2021.
On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Sunil Tiwari, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he 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 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant 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 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.
(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 applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021/RavindraKSingh