Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48516 of 2018 Applicant :- Sunny And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. I.M. Khan, learned counsel for the applicants the learned A.G.A. for the State and Mr. Anil Kumar Mishra, the learned counsel for the complainant.
This application for bail has been filed by the applicants Sunny and Musaif seeking their enlargement on bail in Case Crime No. 822 of 2018, under Sections 147, 323, 326A, 504 I.P.C., Police Station Rasoolpur, District Firozabad, during the pendency of the trial.
From the record, it appears that on 19.10.2018 at 9 p.m., an incident occurred in which some substance was thrown on the face of the first informant, on account of which he sustained some burning sensation. The F.I.R. in respect of the aforesaid incident was lodged on 26.10.2018 by the victim himself namely Hashim Firozabadi, which was registered as Case Crime No. 822 of 2018, under Sections 147, 323, 326A, 504 I.P.C., Police Station Rasoolpur, District Firozabad. In the aforesaid first information report, five persons, namely, Sef, Musaif, Sunny, Saklain and Achhe Dadhiwala were nominated as the named accused. The investigation of the aforesaid case crime number proceeded. On the basis of material collected during the course of investigation, section 326 A IPC was added. However, ultimately, the Police has submitted the charge-sheet dated 30.11.2018. One fact which needs to be noticed and has material bearing in the present case is that the complainant and the present applicants have entered into a compromise. This fact is not disputed by Mr. Anil Kumar Mishra, learned counsel for the complainant, who has put in appearance by filing his vakalatnama in Court today, which is taken on record. On the aforesaid factual premise, learned counsel for the applicants submits that the present applicants are liable to be enlarged on bail. It is next urged that even if the occurrence is admitted, no such injury has been caused on the body of the complainant, which may result to any deformation or defacement of the complainant. The injuries are simple in nature and the applicants are in jail since 21.10.2018. On the aforesaid premise, it is thus urged that the present applicants are liable to be enlarged on bail.
Per contra, the learned A.G.A. and Mr. Anil Kumar Mishra, learned counsel for the complainant have opposed the prayer for bail, but they could not dispute the submissions raised by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.
Let the applicants-Sunny and Musaif be released on bail in the aforesaid case crime number on 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 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 I.P.C..
(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 I.P.C.
(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 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.
(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 wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court and the trial court is at 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 :- 18.12.2018 HSM