The court granted bail to the applicant involved in an FIR under Sections 147, 452, 323, 504, 506, and 304 IPC for a criminal dispute resulting in death and injuries, subject to strict conditions for appearing in court.
Accused released on bail with personal bond and two sureties, subject to strict attendance and no-adjournment conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37135 of 2020
Applicant :- Dhaniram Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Agarwal,Akhilesh Singh Counsel for Opposite Party :- G.A.,Akash Mishra
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.0159 of 2020, under Sections 147, 452, 323, 504, 506, 304 IPC, Police Station-Jaswant Nagar, District-Etawah is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the present FIR was got registered on 30.04.2020 by one Raj Kumar against as many as 13 named accused persons attributing general role of wielding lathi, danda and saria. In this transaction, one person namely Abhay Singh lost his life whereas nine other persons got injured. None of the persons have got examined but the post mortem report of Abhay Singh reveals that he has sustained one lethal blow on his head and in the 161 Cr.P.C. statement of Chhote@Devendra, same has been attributed to one Hari Om. It is next contended that general role of assault has been attributed to all the family members. The applicant has got no criminal antecedent to his credit. The applicant is languishing in jail since 06.05.2020.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Dhaniram , who is involved in case crime no.0159 of 2020, under Sections 147, 452, 323, 504, 506, 304 IPC, Police Station-Jaswant Nagar, District-Etawah, 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 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.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
Order Date :- 19.1.2021 Sumit S
1 issue framed by the court
Whether the applicant is eligible for enlargement on bail during trial.
Dhaniram
Rahul Chaturvedi
As recorded by the court registry
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