HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 523 of 2015 Applicant :- Arun Kumar @ Pinku Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Arvind Kumar, learned counsel for the applicant and Ms. Smriti Sahai, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that though the applicant was named in the F.I.R. along with other co-accused Lalit but admittedly as per the prosecution case, the no role of causing injury to the deceased has been assigned to the applicant as the role of causing injury to the deceased by fire arm has been assigned to co-accused Lalit @ Varun, who happens to be the real brother of the applicant. The applicant has no other reported criminal antecedent. The applicant is in jail since 22.11.2014.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Arun Kumar @ Pinku involved in Case Crime No. 330 of 2014 under Sections 302, 307, 504, 506 I.P.C. and 3/25/27 Arms Act, police station Ram Nagar, Barabanki, District Barabanki be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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.
The case of the applicant is distinguishable from co-accused Lalit @ Varun.
Order Date :- 1.5.2015 shiraz