Allahabad High Court
Ram Kumar (Second Bail Application) vs State Of U.P. on 6 July, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 4290 of 2020 Applicant :- Ram Kumar (Second Bail Application) Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
This case has been taken up in chamber through Video Conferencing.
This is the second bail application. First bail application was rejected by this Court vide order dated 1.5.2015.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.140 of 2014, under Section 304 IPC, Police Station Pali, District Hardoi.
From the reading of the FIR, it is evident that the deceased died from the fire arm injury caused by the accused-applicant accidentally in a marriage procession. The accused-applicant has been in jail since 27.5.2014 and, thus, he has already been in jail for more than six years. As per paragraphs 9 and 10 of the affidavit filed in support of the bail application, seven witnesses have thus far been examined.
Sri Sunil Kumar Singh, learned counsel for the accused-applicant submits that all the witnesses of fact have been examined and there is no apprehension of tampering with the evidence at this stage. He has further submitted that the accused-applicant has already been in jail for substantial period and, therefore, he should be enlarged on bail.
On the other hand, Sri Ran Vijay Singh, learned AGA has opposed the bail application and submitted that the accused-applicant has long criminal history. There are other cases also registered against the accused-applicant besides the cases mentioned in the affidavit filed in support of the bail application.
I have considered the submissions of the learned counsel for the parties and perused the material placed along with the bail application.
From the FIR itself, it is clear that the incident happened as an accident and it was an unintentional killing and for that purpose, the FIR was registered under Section 304 IPC. The trial is yet to get completed, however, the witnesses of fact have been examined.
Considering the facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, it would be appropriate to enlarge the accused-applicant on bail, who is in jail since 27.5.2014.
Let applicant Ram Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.7.2020 Rao/-