Allahabad High Court
Awadesh Kumar vs State Of U.P. on 1 May, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 664 of 2015
Applicant :- Awadesh Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- O.P. Tiwari
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Mohammad Islam Khan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that as per the prosecution case there was sudden quarrel between the parties for which an N.C.R. was also lodged from the side of the applicant on the same very day against the family members of the deceased. In the said incident, co-accused Mahendra Kumar has also received injuries on his head and the same was examined on the same very day. So far as the F.I.R. lodged from the side of the deceased, to give serious colour to the incident, the same was also lodged under Section 376-D I.P.C. along with other Sections against the applicant and co-accused persons for committing rape on the sister of the deceased. As per the medical report of the prosecutrix no injury either external or internal was found on the private part of the prosecutrix though she was medically examined within 24 hours of the incident. He further submits that the deceased as per the post mortem report died on account of the head injury, the author of the said injury is not known. The applicant has no other reported criminal antecedent. The applicant is in jail since 5.11.2014.
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 Awadesh Kumar involved in Case Crime No. 605 of 2013 under Sections 376-D, 304, 323 I.P.C., 3 (2) (V) S.C./S.T. Act and 3/4 POCSO Act, police station Fatehpur Chaurasi, District Unnao 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 :- 1.5.2015
shiraz
