Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4843 of 2019 Applicant :- Yogesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitin Kumar,Ram Babu Singh,Ram Sagar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Nitin Kumar, learned counsel for the applicant, Sri Amit Singh Chauhan, 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 – Yogesh with a prayer to enlarge him on bail in Case Crime No.235 of 2018, under Sections 323, 326, 504, 506 I.P.C., Police Station Chhibramau, District Kanauj.
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 in this case FIR has been lodged from both sides with regard to incident dated 02.03.2018. The FIR dated 15.03.2018 has been lodged against the applicant and three co-accused person by Amit Kumar (first informant of this case) while NCR dated 28.03.2018 has been lodged by the mother of the applicant against four persons namely Amit (first informant of this case), Satyendra Kumar, Jaideep and Vishram. In the FIR lodged by Amit, his mother Margshree received three injuries. Injury no.1 and 2 have been found on the root of nose while Injury no.3 has found on eyelid. In the non-cognizable report lodged from the side of the applicant, mother of the applicant received four injuries on right forearm and right knee. Co-accused Ashish, Anil Kumar and Jai Naraya, having identical role, have been granted bail by a co-ordinate Bench of this Court vide order dated 17.04.2019 passed in Crl. Misc. Bail Application Nos.15715 of 2019 and 46295 and 46299 of 2018. Accordingly, the applicant is also entitled for bail on the ground of parity. 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, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 13.11.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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./-