1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State. Sri Anil Kumar Yadav, Advocate has filed vakalatnama on behalf of complainant, same is taken on record. Supplementary affidavit filed today, is also taken on record.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 44 of 2020, under Sections 147, 148, 149, 323, 504, 506, 307, 325 I.P.C. and Section 5/9b of Explosive Act, Police Station - Badosarai, District - Barabanki.
3. Submission of learned counsel for the applicant is that as per first information report version the accused-applicant alongwith co-accused persons assaulted Shivram, Laxmi and others wherein Shivram received injuries. It is next submitted by learned counsel for the applicant that applicant has criminal history of three cases being Case Crime Nos. 294/2018, Case Crime No. 283 of 2018 and Case Crime No. 259 of 2018 and amongst them, in the first two cases the applicant is on bail by means of orders dated 15.01.2019 and 28.01.2019 and in third case no summons have been served upon the applicant It is further submitted on behalf of applicant that two co-accused namely Alok Pandey and Akash Pandey, having similar role have been granted bail by this Court by means of orders dated 09.12.2020 and 02.02.2021, passed in Bail Nos. 6836 of 2020 and 1283 of 2021, respectively, and therefore, the applicant is also entitled for bail on the ground of parity.
4. Learned A.G.A. as well as learned counsel for the complainant have, however, opposed the prayer for grant of bail but do not dispute the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, coupled with the fact that co-accused persons having similar role have been granted bail and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Swapnesh Shukla @ Lalit @ Haggu be released on bail in Case Crime No. 44 of 2020, under Sections 147, 148, 149, 323, 504, 506, 307, 325 I.P.C. and Section 5/9b of Explosive Act, Police Station - Badosarai, District - Barabanki, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
Order Date :- 11.2.2021 A. Verma (Alok Mathur, J.)