Hon'ble Shekhar Kumar Yadav, J. accepted the bail application filed by Hradesh Rai in case Crime No. 398 of 2020 under Sections 307 IPC and 4/25 Arms Act, finding it a fit case for bail without commenting on merits.
Released on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding attendance and conduct during trial.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29438 of 2021
Applicant :- Hradesh Rai Opposite Party :- State of U.P. Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 398 of 2020, under Sections 307 IPC and 4/25 Arms Act at Police Station Kasya, District Kushi Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It has further been submitted that the applicant has no intention to kill the injured. It has further been submitted that as per medical report one injury has been found on the body of the injured which is not fatal to the life. The applicant has not committed the alleged offence. There is no criminal history of the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 6.7.2021.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Hradesh Rai, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 7.12.2021
A.
2 issues framed by the court
Whether the applicant is entitled to bail in the present criminal case.
Whether the applicant has satisfied the conditions required for granting bail.
7 provisions across 3 enactments
Hradesh Rai
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shekhar Kumar Yadav
Parties & counsel
