The Allahabad High Court granted bail to Ram Singh in a trial pending offense involving culpable hurt and assault. The court imposed strict conditions regarding attendance, abuse of bail liberty, and appearance during critical stages of the trial.
Released on bail by furnishing a personal bond and two local sureties each of like amount.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 962 of 2023
Applicant :- Ram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the entire material available on record.
The present bail application has been filed by the applicant-Ram Singh with a prayer to enlarge him on bail in Crime No. 170 of 2022, under Sections 323, 324, 504, 452 and 308 I.P.C., Police Station-Dilari, District-Moradabad, during the pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the first information report only general role of causing injury to the injured has been assigned to all the accused persons. In the statements of the injured and other two witnesses, namely, Madan Singh and Radha recorded under Section 161 Cr.P.C., there is contradiction with regard to the fact that as to from which weapon grievous injury has been caused to the injured. The medical examination report of the injured does to support the statements of the injured and other two witnesses. Only injury sustained by injured Jagvir is grievous in nature and others are simple. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 11th August, 2022.
Per contra learned A.G.A. and the learned counsel for the complainant have opposed the bail prayer of the applicant but they could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 misuses 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 fails 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Shiv Shanker Prasad, J.)
Order Date :- 13.1.2023
Sushil/-
Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, Ram Singh, should be released on bail in a case involving Sections 323, 324, 504, 452, and 308 IPC.
Colour shows how this judgement treated each authority
Dataram Singh Versus State of U.P. and anotherReferred¶9
Dataram Singh Versus State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
9 provisions across 2 enactments
Ram Singh
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shiv Shanker Prasad
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