Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22605 of 2019 Applicant :- Vinod Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Satya Dheer Singh Jadaun, 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-Raj Kumar with a prayer to enlarge him on bail in Case Crime No. 159 of 2006, under Sections 147, 148, 307, 326, 353, 332, 336, 323, 504 and 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Ubhanw, District-Ballia, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the prosecution case, on information by the informer, the police personnels reached on the spot, where some persons have sustained injuries through vehicle (jeep) due to which some miscreants misbehaved with the driver of vehicle, for which the police intervened and tried to save him, on account of which, as many as seven named and 15-20 unknown persons attacked upon the police personnels by lathi, danda, bricks and stones, due to which seven police personnels have sustained injuries, which are simple in nature, except for one injury, which is caused to the S.O. Vinod Kumar Yadav but the applicant is not said to be responsible for the said injury. It is further contended that the applicant has not been arrested on the spot nor any recovery has been made either on his pointing out or from his possession. It is further argued that the co-accused, namely, Tribhuwan Yadav and Dharmendra Yadav have already been enlarged on bail by this Bench of this Court vide orders dated 20th May, 2019 and 21st May, 2019 passed in Criminal Misc. Bail Application Nos. 19706 of 2019 and 21358 of 2019 respectively. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has one criminal antecedents to his credit except the present one and the same has satisfactorily been explained in paragraph-25 of the affidavit filed in support of the present bail application. 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 3rd May, 2019.
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, learned A.G.A.could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record 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 and without expressing any opinion on merit of the case, 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 :- 29.5.2019 Sushil/-