Allahabad High Court
Udai Raj (Second Bail) vs State Of U.P. on 10 December, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 6682 of 2020 Applicant :- Udai Raj (Second Bail) Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Dvivedi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.458 of 2020 under Sections 147, 323, 308, 452, 504 IPC, Police Station Pura Kalandar, Ayodhya.
3. It appears that the victim, Sajjan Kumar who was riding on a motorcycle hit Udai Raj Yadav who was on bicycle. As a result thereof, the accused-applicant and Sajjan Kumar both fell down. It is alleged that the accused-applicant assaulted the victim, Sajjan Kumar, and due to intervention of the people present there both persons were separated. However, thereafter the accused-applicant along with other co-accused went to the house of the victim, Sajjan Kumar and hit him with iron rod, lathi etc. Injury report of the victim has been placed on record. As per the medical report victim, Sajjan Kumar received following injuries:-
(i) Contusion and swelling red in color 4 cm x 2 cm x 1 cm over anterior aspect, 4 cm down thigh
(ii) Contusion and swelling red in color 4 cm x 2 cm x 1 cm over right temporal region.
4. The accused-applicant is in jail since 05.08.2020.
5. Looking at the fact that over a trivial matter the incident took place and the victim has received two injuries as mentioned above, I find it to be a fit case for granting bail.
6. Let applicant Udai Raj be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall deposit a sum of Rs.25,000/- with the trial Court within a period of four weeks from the date of his release from jail on bail and trial Court after due verification shall disburse this amount to the victim, Sajjan Kumar. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 :- 10.12.2020 prateek