Criminal Misc. Bail Application filed by Manoj Kumar seeking release on bail in a case of assault. The court allowed bail subject to conditions regarding court attendance and prohibiting adjournments.
Release on bail by furnishing a personal bond and two local sureties subject to specific conditions of bail.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17248 of 2019
Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed today is taken on record.
Heard Sri Sushil Kumar Dwivedi holding brief of Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri Madnesh Prasad Singh, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Manoj Kumar with a prayer to enlarge him on bail in Case Crime No.0008 of 2019, under Sections 323, 326 I.P.C., Police Station Jahanganj, District Farrukhabad.
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 has been argued by learned counsel for the applicant that as per the version of the first information report, in the night of 9th January, 2019 there was theft in the house of brother of the informant, namely, Santosh Kumar for which a first information report has been lodged by him against one Manoj. Taking a grudge for the same, Gaurav Yadav and applicant assaulted the cousin brother of the informant, namely, Sarvesh by lathi and sticks due to which he became unconscious. Sarvesh had sustained injuries on hands and legs. It has further been argued by the learned counsel for the applicant that as per the medical examination report, as many as seven injuries have been received by the injured, except injury no. 5, all are simple in nature. Injury no. 5, which is said to be grievous in nature, has been described as follows:- "Upper left 1st incisor, upper right 1st incisor, teeth broken half teeth absent. Advice X-ray."
It has further been argued by the learned counsel for the applicant that on account of village politics and at the behest of inimical persons, the applicant has been falsely implicated in the present case. The applicant is a young boy aged about 20 years and he is innocent. There is no motive or intention to the applicant to commit the said offence. Co-accused Gaurav Yadav, having identical role, has been granted bail by this Court 28.05.2019 passed in Crl. Misc. Bail Application 18719 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. 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 12.01.2019. Accordingly, he requests for bail.
Per contra, learned counsel for the State 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.
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 :- 2.8.2019 Anand Sri./-
1 issue framed by the court
Whether the applicant is entitled to bail in the chargesheeted case of assault under Sections 323 and 326 IPC.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P.Applied¶11
Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
4 provisions across 2 enactments
Manoj Kumar
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
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