Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34600 of 2018 Applicant :- Tufail Opposite Party :- State Of U.P.
Counsel for Applicant :- Piyush Sinha,Chandan Sharma Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Suneet Kumar,J.
Heard Sri Piyush Sinha and Sri Chandan Sharma, learned counsel for the applicant and Sri Rakesh Kumar Srivastava, learned counsel for the informant and learned A.G.A. appearing for the State.
As per the prosecution case, four nominated persons including the applicant caused injury with lathi, danda and iron rod; deceased succumbed to injuries; postmortem examination report shows stitched wound over right temporal region and lacerated wound scalp deep at left parietal region which proved to be fatal injury; the eye witness account assigned the role of causing injury to co-accused Mustafa whose bail has been denied; applicant has been falsely implicated; general role of assault has been assigned to the other co-accused including the applicant. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 04.05.2018; there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Tufail, involved in Case Crime No. 0046 of 2018, under Section 304, 323, 504, 506 I.P.C., Police Station Sonha, District Basti, be released on bail on his furnishing a personal bond with two sureties each in 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 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.
Order Date :- 19.9.2018 K.K. Maurya