The court granted bail to the applicant in a criminal case under Section 308, 323, 325, and 504 IPC, subject to conditions including personal bond, local sureties, and specific undertakings regarding attendance and misconduct.
The applicant is released on bail on furnishing a personal bond and two local sureties of the like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49692 of 2019
Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kant Tiwari,Avinash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Harish Kant Tiwari, learned counsel for the applicant, Sri Lalji Maurya, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Pradeep with a prayer to release him on bail in Case Crime No. 531 of 2019, under Sections 308, 323, 325, 504 IPC, Police Station- Baheri, District- Bareilly , during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 27.05.2019 at about 05:30 a.m., there was a dispute between two brothers with respect to buffalo for which the N.C.R. has been lodged from both the sides. For the aforesaid incident, three persons have been sustained injuries from the applicant's side whereas two persons have been sustained injuries from the informant's side. It is further argued that it is a cross case in which both sides have received injuries and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. It is further argued that the co-accused Midhai Lal has already been granted bail by this Court vide order dated 13.011.2019 passed in Cri. Misc. Bail Application No. 48770 of 2019. Accordingly, the applicant is also liable to be enlarged on bail. The applicant has no criminal history except the present one and is languishing in jail since 25.09.2019. In case, he is released on 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.
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.
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 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.
(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.
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.
Order Date :- 16.11.2019 JK Yadav
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the pending trial.
What conditions should be attached to the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherApplied¶9
(2018) 3 SCC 22 · Who else cites this
3 provisions across 2 enactments
Pradeep
Manju Rani Chauhan
As recorded by the court registry
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Manju Rani Chauhan
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