Allahabad High Court
Chandrabhan And Lavkush vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 27 September, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:67380 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9517 of 2024 Applicant :- Chandrabhan and Lavkush Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1.Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
2.It is alleged in the prosecution case that on 1.5.2024 at 12 O'Clock in the night, both the accused persons have called the informant to see dance programme, however, they have beaten the complainant with lathi and danda.
3.It is contended on behalf of the applicants that the applicants are innocent. Medical of the injured was conducted on 2.5.2024. In the medical examination of the injured, two injuries have been found. Injury No.1 is lacerated wound of 5cm x 1cm on the lower lip. Some part of lower lip is missing and is kept under observation. Second is stitched wound 2 X 0.5cm present on the left forehead.
Learned counsel also invited attention of this Court towards the statement of the injured who has levelled general allegation on both the accused applicants. It is not clear as to from the assault of which injury No.1 has been caused for which Section 326 I.P.C. has been added. It is submitted that the applicants are in jail since 26.7.2024. The applicants have no criminal history. Charge sheet has been filed. The applicants undertake to cooperate in the trial.
It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
4.Learned A.G.A. opposed the prayer for bail and submits that injury No.1 received by the injured is grievous in nature.
5.Considering the facts and circumstances of the case, charge sheet has been filed, general allegation has been levelled on the accused persons by the injured, arguments advanced by learned counsel for the parties, for the period for which they are in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.
6.Let the applicants be released on bail in case crime No.62 of 2024 under sections 323, 504, 506, 326 I.P.C., P.S. Shridattganj, district Balrampur on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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.
(iv) The applicants 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 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.
(vi) 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.
7.Bail application is allowed accordingly. It is made clear that any observation made in this order shall not affect the trial.
Order Date :- 27.9.2024 kkb/