Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12244 of 2019 Applicant :- Sushil Kumar Dubey Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Kumar Chaubey,Desh Ratan Chaudhary,Sanjay Dwivedi Counsel for Opposite Party :- G.A.,Manoj Kumar Singh
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Sushil Kumar Dubey, who is involved in Case Crime No. 05 of 2019, under Sections 326, 308, 304, 420, 120B I.P.C.
and Section 3/7 of Essential Commodities Act, P.S. Gyanpur, District Bhadohi.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case by alleging him to be Manager of S. C. Convent School. The applicant has denied the said fact and claimed that he is not the manager of the said institute. As per averments made in the F.I.R. lodged by A.R.T.O., Gyanpur at Bhadohi Maruti Van No. U.P.-66-S-4569 was being plied to carry school children of S.C. Convent Shoool and at the time of carrying 18 children and a lady, above vehicle which was being plied with domestic LPG cylinder, due to carelessness and negligence on the part of vehicle driver, met with accident in question in which all children sustained burn injuries and three children succumbed to those injuries. It is further submitted that applicant was neither Manager of the aforesaid school nor ever engaged above vehicle for carrying school children. It is further submitted that after completion of investigation charge sheet in the present case has been filed on 29.03.2019. It is further submitted that co-accused Kanchan Devi (Principal) and Ashok Kumar Dubey (owner of the vehicle) have already been granted bail by the co-ordinate Bench of this Court vide orders dated 25.02.2019 and 13.05.2019 in Criminal Misc. Bail Application Nos. 7999of 2019 and 16769 of 2019 respectively copies of which are appended as Annexure-8 with the connected Criminal Misc. Bail Application No.22810 of 2019. The applicant has no previous criminal history as explained in para-24 of the bail application, he is not likely to abscond. The applicant is in jail since 16.01.2019.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the bail application but not contradicted the aforesaid submissions made by learned counsel for the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Sushil Kumar Dubey, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 28.11.2019 AKT