Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27915 of 2018 Applicant :- Ved Prakash And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Sri S.K. Rai has filed vakalatnama on behalf of the complainant which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.
It is urged that specific role of assault has been assigned to five persons; postmortem report reflects one head injury; author of the assault is not identified; co-accused Pauhari Sharan Pandey has already been enlarged on bail by this Court vide order dated 19.07.2018 in Criminal Misc. Bail Application No. 26970 of 2018; applicants have been falsely implicated and there is no legal evidence linked with the applicants in the commission of the offence. It is lastly submitted that the applicants have no criminal antecedent and they are languishing in jail since 28.4.2018, there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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 applicants- Ved Prakash and Prabhat, involved in Case Crime No. 91 of 2018, under Sections 147, 323, 336, 308, 304 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar, be released on bail on their furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 26.7.2018 K.K. Maurya