In bail application No. 47102 of 2022 before Court No. 92, Allahabad High Court granted bail to Chanchal Kumar accused in an assault case under multiple IPC sections, noting his non-inclusion in the FIR and lack of specific role.
Respondent released on bail on personal bond and two sureties subject to conditions of presence and no adjournment seeking.
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Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47102 of 2022 Applicant :- Chanchal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Priyavrat Tripathi,Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,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.167 of 2022, under Sections 147, 148, 323, 504, 506, 307 & 34 of IPC, Police StationAhirauli Bazar, District- Kushinagar.
As per the prosecution story, on 07.07.2022 the son of the first informant along with her companions was assaulted by Viru Yadav and others as a result of which the son of the informant sustained injuries.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the applicant is neither named in the F.I.R. nor has any concern with the alleged incident. It is also submitted the main role of causing injury with knife has been assigned to co-accused Viru Yadav. Further submission is that nothing has been recovered on the pointing out of the applicant. It is also submitted that the knife used in the commission of crime has been recovered on the pointing out of co-accused Viru Yadav. It is further stated that there is no criminal history of the applicant except the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 19.07.2022, and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.
From perusal of the record, it appears that the applicant was not named in the FIR. The allegations of stabbing with knife and causing injury has specifically been assigned to co-accused Viru Yadav on whose pointing out the alleged knife had been
recovered. No specific role has been assigned against the applicant.
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- Chanchal Kumar, be released on bail in the aforesaid case 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 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 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 misuse the liberty of bail during trial and in order to secure his presence, 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 him, 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 him 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 :- 3.11.2022 Shiv
Digitally signed by SHIV KUMAR SHARMA Date: 2022.11.04 09:54:11 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant Chanchal Kumar is entitled to bail in a case involving grievous hurt, attempt to murder, and nuisance.
Whether the applicant, who was not named in the FIR and has no specific role assigned, meets the criteria for grant of bail.
10 provisions across 2 enactments
Chanchal Kumar
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
