Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.517 of 2020, under Sections 323, 307 IPC, Police Station Kotwali, District Mathura.
As per the averments made in the first information report, informant's son is a student of intermediate, who was introduced to one Abhay Gautam who had posted certain videos in which face of informant's son was superimposed and such videos were widely circulated. It is alleged that when informant's son objected to it the accused Abhay Gautam alongwith other persons including applicant beat his son alongwith his friend and were caused various injuries. Injury report has been annexed, as per which various contusion and abrasion are shown on the informant's son.
Learned counsel for the applicant submits that none of the injuries on the informant's son and his friend would attract offence under section 307 IPC since injuries are simple in nature. It is also stated that applicant has also explained his criminal history, which otherwise has no relevance in the facts of the present case. It is also urged that applicant is in jail for the last several months and the trial is not likely to be concluded early.
Although Sri P. K. Shahi, learned State Counsel opposes the bail application but is not disputed that none of the injuries on the informant's son or his friend are so serious so as to constitute ingredients of offence under section 307 IPC.
Having perused the materials placed on record and considering that none of the injury caused is shown to be serious in nature; the applicant is incarcerated in jail since 20.11.2020; and the trial is also likely to take sufficiently long on account of Covid-19 pandemic, the applicant is entitled to grant of bail at this stage. Above observations made in the bail order shall however not be construed as expression of opinion, on the merits, at the stage of Trial.
Let the applicant- Tony @ Chandra Veer Jaat involved in aforesaid 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, with the following conditions, which are being imposed in the interest of justice:-
(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.
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 :- 6.5.2021 Ashok Kr.