Allahabad High Court
Sunil Kumar vs State Of U.P. on 15 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3044 of 2021
Applicant :- Sunil Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Sagar Singh,Shri Ram Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant, learned A.G.A. for the State and perused the record.
The present bail application is filed on behalf of the accused-applicant-Sunil Kumar, who is involved in Case Crime No.343 of 2020, under Sections 323, 324, 326, 504, 506 of I.P.C., registered at Police Station Safipur, District Unnao.
The occasion of present bail application has arisen on rejection of bail plea of accused-applicant by learned Sessions Judge, Unnao vide order dated 27.01.2021. A copy of bail application has already been received in the office of learned G.A.
Learned A.G.A. for the State informs that he has received the instructions alongwith case diary and material papers from the prosecution. Since learned counsel for the bail-applicant presses to argue the matter instantly, therefore, learned A.G.A. is also ready to protest the bail-plea.
Learned counsel for the bail-applicant reading over the first information report submitted that on the date of incident i.e. 02.10.2020, when the complainant was in another village at the residence of his relative in connection with a mundan ceremony, the present accused-applicant-Sunil Kumar alongwith other unknown persons was also present there, with whom a previous enmity was continuing. In the course of ceremony, on some point, the accused-applicant alongwith his unknown friends got involved in an altercation with the complainant wherein they attacked on him with their sharp edged weapon like kulhadi, which injured his lips and it got half-cut. The medical examination report annexed with this bail-application as annexure no.3, confirms the injury, as reported in the F.I.R.
However, learned counsel for the bail-applicant submitted that due to previous enmity, admittedly, the parties went under fracas busted suddenly between them due to which the complainant fell down on the earth and got injured on his lips.
Learned counsel further submitted that what so ever the allegations, contrary to each other, made by the parties to the incident, are subject to the proof by cogent evidences in the court of trial and the accused-applicant is ready and willing to participate in the trial, he is not in a position to flee away from the process of the Court, as he is a permanent resident and a common man residing in the locality and he has no criminal antecedents. Learned counsel further submitted that the accused-applicant is languishing in jail since 04.12.2020 for no fault on his part, therefore, deserves to be released on bail.
Learned A.G.A. vehemently opposes the prayer for grant of bail, but he has not disputed the fact that the present accused-applicant has no criminal antecedents.
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 (Sunil Kumar) involved in Case Crime No.343 of 2020, under Sections 323, 324, 326, 504, 506 of I.P.C., registered at Police Station Safipur, District Unnao be released on bail on his furnishing personal bond of Rs.50,000/- 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 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 :- 15.3.2021
Saurabh
