Allahabad High Court
Malikram And Anr. vs State Of U.P. on 21 January, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 748 of 2021
Applicant :- Malikram And Anr.
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Raman Mishra,Arun Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
Called on.
Heard learned counsel Sri Ashish Raman Mishra, Advocate for the accused-applicants, learned Additional Government Advocate Sri S.K. Tiwari, Advocate on behalf of the State and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicants who are involved in Case Crime No. 157 of 2020, under Sections 323, 324, 308, 504 IPC, Police Station Ikauna, District Shrawasti.
The occasion of present bail application has arisen on rejection of the bail plea of accused-applicants by Sessions Judge, Shrawasti vide order dated 05.12.2020.
Learned counsel for the bail-applicant, reading over the First Information Report, submits that parties to the incident dated 08.06.2020 are members of the family having two branches of the same ancestral with regard to the dispute as to the land and passage, the scuffle has taken place with each other, wherein the incident of 'Marpeet' occurred. The complainant, wife of the nephew of the applicant no. 1, got injured and fainted. She was taken to the medical care and for a long she remained under treatment. Learned counsel submits that in a rash of quarrel among the family members, the incident occurred, otherwise no voluntary or intentional act was done to cause hurt or injured the complainant side.
Learned counsel further submits that chargesheet has been filed in the matter. The accused-applicants are local residents and neighbours of the complainant's side. They have no chance to flee away from the process of the Court and there is no criminal history of any of the applicants, as such there is need to grant opportunity to the bail-applicants to contest the trial. In case the accused-applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned AGA, on the basis of instructions, has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the 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.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicants. The accused-applicants are entitled to be released on bail in this case.
Let applicants-Malikram and Dharm Chandra be released on bail in Case Crime No. 157 of 2020, under Sections 323, 324, 308, 504 IPC, Police Station Ikauna, District Shrawasti, on their furnishing personal bonds 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 applicants shall file undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them in accordance with law.
Order Date :- 21.1.2021
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