1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State through video conferencing in view of COVID-19 pandemic.
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. 176 of 2019, under Sections 147, 148, 149, 323, 504, 506, 308, 325, 427 I.P.C., Police Station - Maheshganj, District - Pratapgarh.
3. Submission of learned counsel for the applicant is that there was sudden free fight between two sides wherein injuries hve been sustained by both the sides. In support of his submissions, counsel for the applicant has drawn attention of this Court towards injuries sustained by Awdhesh and Abhishek. It is next submitted that the applicant's side has also registered a cross case pertaining to the same incident against the complainant and his family members being Case Crime No. 175 of 2019, under Sections 307, 323, 504, 506 I.P.C. and Section 3(12)(V) of SC/ST Act, Police Station - Mahesh Ganj, District - Pratapgarh. It is lastly submitted that the applicant is innocent and he has been falsely implicated in the case. The applicant is in jail since 26.03.2021 and he has no previous criminal history.
4. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail by submitting that serious injuries have been sustained by injured Sandeep, however, they have not disputed the fact that there is cross case from the side of applicant against the complainant and his family members being Case Crime No. 175 of 2019, under Sections 307, 323, 504, 506 I.P.C. and Section 3(12)(V) of SC/ST Act, Police Station - Mahesh Ganj, District - Pratapgarh., and that injuries have been sustained by both the sides.
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 and keeping in mind the fact that during the alleged incident there was sudden free fight between the two sides who were armed with lathi and danda and both the sides have sustained injuries, medical reports of both the sides have been annexed alongwith the application, and at this stage it is difficult to to ascertain as to who is the aggressor, these facts are to be decided during the trial, in view of the aforesaid discussion coupled with the fact that all the offences are punishable with less than seven years, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Teerath Alias Brijbhan be released on bail in Case Crime No. 176 of 2019, under Sections 147, 148, 149, 323, 504, 506, 308, 325, 427 I.P.C., Police Station - Maheshganj, District - Pratapgarh, 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.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 6.5.2021 A. Verma (Alok Mathur, J.)