Allowed

Rakesh v. State of U.P.

Allahabad HC5 Nov 2019BAIL/43309/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Rakesh in a criminal trial involving affray and attempted murder charges, imposing strict conditions regarding court attendance and treatment of non-appearance as abuse of process.

What did the court decide?

Applicant to be released on bail upon furnishing personal bond and two local sureties, subject to strict conditions of attendance and non-misuse of liberty.

Rakesh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43309 of 2019

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Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Deependra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Counter affidavit filed by the learned A.G.A. for the State today in the Court, is taken on record.

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Rejoinder affidavit filed by the learned counsel for applicant today in the Court, is also taken on record.

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Heard Sri Ram Singh Yadav, Advocate holding brief of Sri Deependra Yadav, learned counsel for the applicant, Sri Pankaj Srivastava, learned AGA for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Rakesh with a prayer to release him on bail in Case Crime No. 136 of 2019, under Sections 147, 148, 149, 504, 307 IPC, Police Station- Nagla Khangar, DistrictFirozabad , during pendency of trial.

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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 previous enmity. As per the allegations made in FIR, there is a dispute between the parties regarding passage in front of the house of informant for which civil litigation between the parties is going on. Due to aforesaid dispute, on 02.09.2019 at about 02:15 a.m., as many as six accused persons including the applicant having lathi and firearm, came on the roof of the house of injured and assaulted him, due to which he sustained injuries. It is further argued that general role has been assigned to all accused persons, no specific role has been assigned to the applicant either in the F.I.R. or in statement of the witnesses. It is further argued that in the medical report, though there is hemorrhagic contusion in left fronto-temporal lobe with thin extradural hematoma is noted of maximum thickness 3 mms along temporal convexity but it is not clear that who is the author of the said injury. The applicant has no criminal history except the present case and is languishing in jail since 03.09.2019. In case, he is released on

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bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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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 they will again indulge in similar activities and will misuse the liberty of bail.

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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:-

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(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.

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(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.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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.

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(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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 5.11.2019 JK Yadav

Rakesh v. State of U.P.

Case brief

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Rakesh v. State of U.P.

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