The court granted bail to the accused-applicant in an FIR involving assault resulting in death, subject to the deposit of compensation to the deceased's wife and strict conditions regarding court attendance.
Applicant released on bail by furnishing personal bond and two sureties, subject to depositing Rs. 75,000 as compensation.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6139 of 2022
Applicant :- Ram Dulare Opposite Party :- State Of U.P. Thru Secy. Home Lucknow Counsel for Applicant :- Devendra Pratap,Alok Singh,Kaushal Kishore Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Counter affidavit tendered by the learned A.G.A. in the Court is taken on record.
justice:-
(i) the applicant shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand) in the trial Court within four weeks from the date of his release from jail; this amount shall be disbursed forthwith in favour of wife of deceased, after due verification; this deposition of the amount by the applicant shall be without prejudice to his right and contention during trial.
(i-a) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
[D.K. SINGH, J]
Order Date :- 15.12.2022 MVS/-
Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.12.15 18:55:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to the accused-applicant in a case involving death of a victim due to assault.
Whether the accused-applicant was willing to pay compensation to the wife of the deceased as a condition for bail.
6 provisions across 2 enactments
Ram Dulare
State Of U.P
Dinesh Kumar Singh
As recorded by the court registry
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