In a criminal miscellaneous bail application, the High Court allowed the bail plea of the applicant charged under Sections 147, 326 IPC and others. The court imposed conditions regarding attendance and prohibited adjournments.
Applicant released on bail with personal bond and two sureties subject to undertaking not to seek adjournments and appear on fixed dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33945 of 2021
Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Durga Prasad,Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 59 of 2021 under Sections 147, 326, 342, 323, 506, 188, 269 I.P.C., 51, 57 of Aapda Prabandhan Adhiniyam, 2005 and 3 of Mahamari Adhiniyam, Police Station Lalpura, District Hamirpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is the brother-in-law (sala) of the injured. There is some matrimonial dispute going on between the injured and sister of the applicant, namely, Shivkanti. There is no indendent witness of the said incident. In fact, the injured is alcoholic and the incident had taken place in some other manner and not as stated by the injured. As soon as the applicant and his family members came to know about the said incident, they immediately got he injured admitted in the hospital by the applicant and his family members but the injured on the next date lodged the present F.I.R. in order to take revenge with the family of the applicant. So far as recovery of empty bottle of 750 ml. dew which is alleged to be used in the crime is concerned, there is no independent witness of the said recovery. The applicant has no criminal history. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 16.06.2021 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations,
arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely, Brajesh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that applicant 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 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 applicant under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 the applicant in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 10.10.2022 Shiraz
Digitally signed by SHIRAZ ALI Date: 2022.10.11 16:51:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a bail application should be admitted given the circumstances of the case.
4 provisions across 2 enactments
Brajesh
State of U.P.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
