This judgment grants bail to the applicant, Virendra Rajbhar, accused under Sections 323, 504, 506, 308, and 325 IPC. The court imposed strict conditions regarding absence, tampering with evidence, and appearance for framing of charges.
Release of applicant on personal bond and two sureties subject to conditions not to misbehave or absent from court.
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Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19340 of 2020
Applicant :- Virendra Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Shree Prakash Giri Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No.33 of 2020 under Sections 323, 504, 506, 308 & 325 I.P.C. P.S.- Chitbadgaon, District- Ballia.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this case due to enmity. There are general allegations against all the accused. FIR has been lodged after more than 2 months without giving any explanation of delay. Applicant is languishing in jail since 28.05.2020 without having any criminal history. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A., however, opposed the prayer for bail.
Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail.
Let applicant- Virendra Rajbhar s/o late Kapil Rajbhar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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;
(iv) 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; and
(v) 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 :- 25.8.2020 P Kesari
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a non-bailable offence given the allegations of enmity and lack of criminal history.
3 provisions across 2 enactments
Virendra Rajbhar
State of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
