Allahabad High Court
Vivek Alias Sheetu vs State Of U.P. on 19 September, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:180629 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37072 of 2023 Applicant :- Vivek Alias Sheetu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Mishra,Eshan Lamba,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard Mr. Vinay Saran, learned Senior Counsel assisted by Mr. Eshan Lamba, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present first bail application has been filed on behalf of the applicant in Case Crime No. 129 of 2023 under Sections 147, 148, 149, 307, 504, 506 I.P.C. Police Station Bewar, District Mainpuri with the prayer to enlarge him on bail.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that the injured did not support the prosecution version in his statement recorded under Section 161 Cr.P.C. and nothing incriminating article or weapon has been recovered from the possession of the applicant. Prosecution version is not supported by medical report and injury No. 2 of injured Rahul is found about two days old and stitched. It is further submitted that injured was advised for X-ray examination, however, no X-ray was conducted, therefore, nature of injury is not clear from prosecution evidence collected by the I.O. It is further submitted that applicant has no motive to commit the present offence and applicant is a government servant. Applicant is languishing in jail since 21.06.2023 having no criminal history to his credit and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.
4. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.
5. I have heard the rival submissions advanced on behalf of the parties and perused the materials brought on record. Considering the fact that the injuries as stated in the prosecution version of the injured are not corroborated by his statement recorded under Section 161 Cr.P.C., X-ray examination was advised to be performed, however, no X-ray was conducted on the injured, applicant is a government servant, applicant is languishing in jail since 21.06.2023 having no criminal history to his credit and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.
6. Let applicant Vivek @ Sheetu be released on bail in the above case crime number and 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 applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 19.9.2023 Karan