Allahabad High Court
Sunil vs State Of U.P. on 27 July, 2017
Bench: Anil Kumar Srivastava-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- BAIL No. - 5943 of 2017
Applicant :- Sunil
Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Singh Atal
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Anil Kumar Srivastava-II,J.
1. Affidavit filed by learned counsel for the applicant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
3. This bail application has been filed by the accused-applicant- Sunil, who is involved in Case Crime No.178 of 2017, under sections 307, 504, 506, 427 IPC Police Station Soharamau, District Unnao.
4. Learned counsel for the applicant submits that accused-applicant has been falsely implicated in this case. It is further submitted that general role has been assigned to all the accused. Injuries of Bhola Nath Mishra and Kamala Shanker Shukla were found simple in nature. Offence at the most is triable under Section 324 IPC. It is further submitted that in the supplementary statement of the complainant Bhola Nath Mishra has assigned specific role of firing and causing injuries to Virendra Singh and Ravindra Singh. Bhola Nath Mishra has assigned the role of damaging the property to accused-applicant. It is further submitted that co-accused Ravindra Singh has been enlarged on bail on 14.6.2017 by this Court in Bail No.4597 of 2017. Accused-applicant is languishing in jail since 27.6.2017 having no criminal antecedent.
5. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
6. Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
7. Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant- Sunil is entitled to be released on bail.
8. Let the accused/applicant - Sunil, involved in Case Crime No.178 of 2017, under sections 307, 504, 506, 427 IPC Police Station Soharamau, District Unnao, be released on bail subject to the following conditions.
(i) The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii)The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The applicant shall cooperate with investigation /trial.
(iv) 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuse the liberty of bail during trial 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.
(vii) The applicant shall remain present, 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 :- 27.7.2017
Subodh/-
