Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15090 of 2021 Applicant :- Yogendra And 2 Other Opposite Party :- State Of U.P Counsel for Applicant :- Manish Chand Umrao,Amar Nath Singh,Gulab Chandra,Ram Prakash Sharma Counsel for Opposite Party :- G.A.,Yashwant Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicants that the applicants are wholly innocent and they have been falsely implicated in the present case due to previous enmity. It is further submitted that on 04.01.2021, a family member of applicants died in which applicants were on grief stricken and on the very next date i.e. 05.01.2021, Dan Singh, who is family member of complainant, came into the house of applicants with heavy drunken condition and on refusal to give him entry in the house, he became annoyed and attacked on the applicants and also lodged a frivolous F.I.R. It is next submitted that applicants have no criminal history. It is further contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail since 05.02.2021 and in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the material on record 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, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicants- Yogendra, Shyam Ji @ Shyam Prakash and Parshuram @ Ajendra Kumar, involved in Case Crime No. 95 of 2020, under Sections- 323, 325, 308, 504 I.P.C., Police Station- Gursahaiganj, District -Kannauj, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicants misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.8.2021/Sartaj