Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30411 of 2019 Applicant :- Vikash Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dinesh Mishra, learned counsel for the applicant and Sri P.K. Shahi learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Vikash Kumar with a prayer to enlarge him on bail in Case Crime No. 364 of 2018, under Sections 308, 323, 324, 504 and 506 I.P.C., Police Station-Charwa, District-Kaushambi, during the pendency of the trial.
Learned counsel for the applicant has submitted that as per the allegations made in the first information report lodged by Ram Nagina Singh on 19th December, 2018 against three named accused persons including the applicant, on 18th December 2018 at 05:30 p.m. when the informant was guarding the crops of peas, all the accused persons, who were his family members, due to old enmity, having axe came and assaulted his mother by the said axe due to which she sustained injuries on her head. On hearing the noise of screaming, the informant reached the said place and tried to save his mother but they also beat him by lathi and sticks due to which he has sustained injuries on his head and hand. On his shouting, they ran away after threatening to kill him. It has further been argued by the learned counsel for the applicant that as per the version of the first information report as well as the statement of the injured, no specific role, as to who is the author of causing injuries to the injured has been assigned to any of the accused persons. It has further been argued by the learned counsel for the applicant that there is a dispute between the parties regarding ownership on the plot no. 1954 for which partition suit is pending before the Sub-Divisional Magistrate, Chail, District Kaushambi. For the said dispute, on 18th December, 2018, when the informant along with his family members were illegally constructing a road on the land in dispute, the father of the applicant tried to stop the said construction, the informant and his family members assaulted the father of the applicant due to which he sustained injuries and immediately thereafter he went to Police Station to lodge the first information report but the Police has not registered the same, immediately thereafter the father of the applicant made an application under Section 156 (3) Cr.P.C. before the court concerned. As a counter-blast to the same, the present first information report has been lodged with the false and frivolous allegations. The applicant is innocent. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 7th February, 2019. As such the applicant has undergone more than five months of incarceration.
Per contra 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. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & 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.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-