Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17802 of 2019 Applicant :- Yunus Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant and Sri Madnesh Prasad Singh, learned counsel for the State.
Perused the material on record.
The present bail application has been filed by the applicant-Yunus with a prayer to enlarge him on bail in Case Crime No. 176 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506, 427, 120-B I.P.C., Police Station-Transport Nagar, District- Meerut, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the first information report has been lodged by Imam Husain @ Sonu on 16th March, 2019 alleging therein that on 15th March, 2019, the first informant along with his friends Imran and Vaseem came to Meerut from Delhi for attending a marriage ceremony by car. After taking food, when there were returning, then accused persons, namely, Bhoora, Yusuf, Yunus, Shayara, Akhtar and three known persons came by Scorpio Car and on the instigation of Shayara, who is wife of Imran, Bhoora and Yusuf fired on Imran by country-made pistol due to which Imran sustained gun shot injury in his neck and thereafter Akhtar assaulted Vaseem by rod due to which he sustained injury and Shayara has broken the car of informant by sticks and they also assaulted the first informant by sticks and lathi due to which he sustained injury. It has further been argued by the learned counsel for the applicant that injured Imran is the husband of the co-accused Shayara and other named co-accused are brother-in-laws of Imran. Due to petty dispute between the husband and wife, there was quarrel and by coincidence, the said incident took place in which Imran has sustained injury in his neck. It has further been argued by the learned counsel for the applicant that general role of assaulting the injured Imran by country-made pistols has been assigned to Bhoora and Yusuf, inasmuch as general role of beating the first informant, Imran and Vaseem have been made to all the accused persons. No specific role has been assigned to any of the accused. Apart from the above, it has been argued that as per the prosecution version, the first informant and Vaseem have also been beaten, due to which they also sustained injuries but no medical examination of first informant and Vaseem has been conducted. 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 21st March, 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, the 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 :- 29.4.2019 Sushil/-