The Court granted bail to applicants charged with causing injury to Awadhesh in a clash where co-accused caused fatal injuries. Bail was allowed granting personal bond with sureties, subject to conditions regarding presence in court and no seeking adjournments.
Applicants released on bail by furnishing personal bond of Rs. One lac with two sureties.
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Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2704 of 2020
Applicant :- Yogesh Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Shukla Counsel for Opposite Party :- G.A.,Kalamuddin,M. A. Siddiqui
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Shri M.A. Siddiqui, learned counsel for the complainant and learned A.G.A. appearing for the State and perused the record.
Allegation against the applicants is that they along with other nominated persons, on quarrel with passage, assaulted with lathi and danda, deceased succumbed to injuries; the role assigned to the applicants is of causing injury to Awadhesh, whereas, coaccused Toofani has been assigned the role of causing fatal injury on the head of Basant Lal; injury report of Awadhesh shows injury on the head which is simple in nature and has been referred to the Orthopedics. It is urged by learned counsel for the applicant that the applicants have been falsely implicated in the instant case; hence, the applicants are entitled to be enlarged on bail; applicants having no other reported criminal antecedent are languishing in jail since 10.12.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants- Yogesh Kumar and Vishambhar involved in Case Crime No. 245 of 2019 under Sections 304, 323, 504, 506 I.P.C., Police Station Suriyawna, District Bhadohi be released on bail on their furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them, in accordance with law.
Order Date :- 28.1.2020 S.Prakash
2 issues framed by the court
Whether the applicants are entitled to bail given the nature of injury to the deceased and serious charges.
Whether the reasonable apprehension of tampering with witnesses justifies bail release.
5 provisions across 2 enactments
Yogesh Kumar and Vishambhar
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
