Allahabad High Court
Ramesh Kumar @ Ramesh Yadav vs State Of U.P. on 15 October, 2019
Author: Vikas Kunvar Srivastav
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 9683 of 2019 Applicant :- Ramesh Kumar @ Ramesh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Janendra Kumar Verma,Anjana Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Kunvar Srivastav,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.175/2019, under Sections 307 I.P.C., Police Station - Ishanagar, District - Lakhimpur Kheri.
The occasion of present bail application arisen on rejection of bail plea of applicant by Additional Sessions Judge, Lakhimpur Kheri vide order dated 19.9.2019. A copy of the bail application has already been received in the office of G.A. Learned counsel for the applicant submits that the accused applicant is languishing in jail since 27.8.2019 simply on fabrication by the informant who is the brother of the victim in the incident. The statement of the injured is clearly showing and assigning the role to the applicant-accused having lathi and inflicting the lathi, after he is injured by fire arm injury caused by other co-accused. The injury report placed on record shows that there is no injury inflicted by lathi.
In the circumstances, learned counsel submits the offence under Section 307 I.P.C. is not constituted on his part, however, he submits that the main assailant, the co-accused Rajkumar Yadav 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 orders dated 2.7.2019, therefore, on the ground of parity, the present bail applicant has also been entitled for bail.
Learned counsel for the bail applicant further submits that 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 A.G.A has, however, protest the prayer of the bail applicant and submits that whatever the role assigned in the FIR is also shown in the instructions given to her. In view of the instruction, learned A.G.A has not rebutted the facts averred and argued by the learned counsel for the bail applicant. Moreover, on having been asked by the court, learned A.G.A. submits that the accused applicant has no criminal history or there is no information of his involvement in any other criminal case.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Ramesh Kumar @ Ramesh Yadav) involved in Case Crime No.175/2019, under Sections 307 I.P.C., Police Station - Ishanagar, District - Lakhimpur Kheri, be released on bail in the aforesaid case crime number on his furnishing a personal bond 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 misuses 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 :- 15.10.2019/Gaurav/-