This court granted bail to the applicants in a criminal case involving Sections 147, 323, 504, 506, and 307 IPC. The court imposed conditions regarding court attendance and issuance of proclamation upon absence.
Released on bail by furnishing personal bond and two reliable sureties each to the satisfaction of the court concerned.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37720 of 2022
Applicant :- Shrawan Sonkar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Rai,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicants 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 applicants seeking bail in Case Crime No. 248 of 2022, under Sections 147, 323, 504, 506 & 307 IPC, Police Station- Devgaon , District - Azamgarh.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that applicants have been implicated in this case just because scuffle made between both the parties after receiving injury on his head by falling on the ground, the injured/victim Jalaj Rai and Rajnish Rai became furious and began to fight with the applicants by which the shoulder of Rajnish Rai also felt pain. First information report in present case was lodged against four named and three unknown persons and the main role of causing serious injuries on the head of injured Jalaj Rai has been attributed to co-accused Rahul @ Rajesh, who has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 14.9.2022 in Criminal Misc. Bail Application No. 39827 of 2022 (Rahul @ Rajesh vs. State of U.P.). It is next submitted that applicants have no any previous criminal history. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 19.07.2022 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, but he has not disputed the above contention made by the learned counsel for the accused-applicants.
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 applicants namely Shrawan Sonkar and Raju 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 applicants shall file an undertaking to the effect that applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicants under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure presence of the applicants, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicants, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.10.10 18:49:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to bail in the aforesaid FIR.
What conditions are necessary for granting bail to ensure appearance in court.
4 provisions across 2 enactments
Shrawan Sonkar
Raju
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
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