Allahabad High Court
Bikau vs State Of U.P. on 11 February, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 1941 of 2021
Applicant :- Bikau
Opposite Party :- State of U.P.
Counsel for Applicant :- Sachin Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the applicant, Sri Sachin Srivastava, Advocate learned A.G.A. for the State and perused the record.
The present bail application is moved on behalf of accused-applicant- Bikau who is involved in Case Crime No.237 of 2020 under Sections 147, 148, 149, 323, 324, 325, 307, 504, 506 of I.P.C., registered at Police Station - Ikauna, District - Shrawasti.
Learned A.G.A. to protest the bail plea on the basis of instructions and copy of case diary with him.
The occasion of present bail application has arisen on the rejection of bail plea of the accused-applicant by learned Sessions Judge, Shrawasti vide order dated 27.11.2020.
Learned counsel for the applicant submits that the bail applicant is quite innocent and he has falsely been implicated and illegally connected on the basis of false allegation.
Learned counsel for the applicant submits that in the statement of the eye witness Ram Shekhar Mishra specific role of assault has been assigned to co-accused, Paru. The applicant has been assigned general role and no specific role has been assigned to the applicant by any of the prosecution witnesses including the injured Akash Tripathi.
Learned counsel for the bail applicant further submits that the applicant is languishing in jail since 14.10.2020. There is no previous criminal history of the accused applicant and there is no likelihood that the accused applicant after release on bail may flee from the process of law or will misuse the liberty of bail.
Learned counsel for the bail applicant further submits that the co-accused Shiv Kumar @ Dalali involved in the same case crime number for similar nature of offence have already been granted bail by co-ordinate Bench of this Court vide order dated 8.2.2021, therefore, on the ground of parity, the present bail applicant has also been entitled for bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Bikau) involved in Case Crime No.237 of 2020 under Sections 147, 148, 149, 323, 324, 325, 307, 504, 506 of I.P.C., registered at Police Station - Ikauna, District - Shrawasti be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 misuse 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 applicants 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 :- 11.2.2021
Gaurav/-
