This bail application in a Section 307 IPC case arising from a counter blast allegation was admitted. The court granted bail subject to furnishing a personal bond and two sureties, emphasizing strict conditions regarding presence at trial and adherence to court dates.
Released on bail by furnishing personal bond and two reliable sureties of similar amounts.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37054 of 2022
Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Beenu Singh Counsel for Opposite Party :- G.A.,Ashutosh Kumar Mishra
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant, Mr. Ashutosh Kumar Mishra, learned counsel for the informant/opposite party 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 No. 1597 of 2018 arising out of Case Crime no. 492 of 2014, under Sections 307/34 IPC Police Station- Iglas , District - Aligarh .
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 present FIR is a counter blast; it is alleged that the incident took place in noon but no witness has been mentioned in the FIR; no recovery has been made by the police from the possession of the applicant; the injuries were not cause by fire arm thus Section 307 is not attracted. 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 14.7.2022 and the possibility of conclusion of trial in near future is very bleak.
Mr. Ashutosh Kumar Mishra, learned counsel for the informant/opposite party and learned A.G.A. have vehemently 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 Manoj Kumar be released on bail in the aforesaid Case Crime Number on his/her 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/her 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 :- 19.9.2022 Rahul Dwivedi/-
(Piyush Agrawal, J.)
Digitally signed by RAHUL DWIVEDI Date: 2022.09.19 16:56:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 307/34 IPC involving an allegation of a counter blast with no recovery made.
What conditions are necessary to ensure the applicant does not abuse the liberty of bail or abscond during the trial.
4 provisions across 2 enactments
Manoj Kumar
State of U.P.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
