Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30312 of 2019 Applicant :- Vickky @ Bhikky Opposite Party :- State Of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Arun Kumar Vishwakarma, Advocate, has filed his Vakalatanama on behalf of complainant, which is taken on record.
Heard Sri Som Veer, learned counsel for the applicant, Sri Arun Kumar Vishwakarma, learned counsel for the complainant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Vickky @ Bhikky with a prayer to enlarge him on bail in Case Crime No.152 of 2019, under Sections 323, 504, 506, 308 I.P.C., Police Station Farah, District Mathura.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR the house of first informant is in front of the house of Akash and Jagdish and daughter of Jagdish, namely, Soniya was having affair with son of Thakur, namely, Nyaymul who used to meet her. The informant's son saw them together, due to this son of the informant was also called by Vikki, Akash, Babu and one unnamed persons from Basiya and all of them assaulted him and when he became unconscious they left him. The informant along with others made all efforts to search his son, but when he could not be traced, police has been called by dialing 100 number. Thereafter, the son of the informant was recovered by the police in unconscious condition. It has been argued that the role of assaulting the son of informant has been assigned to four accused persons. In the statement of the injured also general role has been assigned to all of them. The injuries sustained by the injured are simple in nature. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 18.06.2019. Accordingly, he requests for bail.
Per contra, learned counsel for the complainant as well as learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 30.7.2019
Anand Sri./-