Chandele vs State Of U.P.
2014 Latest Caselaw 6218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22559 of 2014
 
Applicant :- Chandele
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sharad Yadav,Bharat Singh Pal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sharad Yadav, learned counsel for the applicant and Sri R,K. Maurya, learned AGA for the State.

It is stated by the counsel for the applicant that the applicant is said to have filed at the injured. He submits that the injuries of the injured caused by the fire arm but neither the injuries are grievous in nature nor dangerous to life. It is pointed that applicant no criminal history and he is being falsely implicated. The applicant is in Jail since 10.1.2014.

Learned AGA opposed the prayer for bail.

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 Chandele involved in Case Crime No. 217 of 2013 under Sections 307, 504 & 506 IPC, police station Bisauli, district Badaun 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.

Order Date :- 9.9.2014

SKS