Allahabad High Court
Janardan Chauhan @ Jantri And Anr. ... vs State Of U.P. on 17 December, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- BAIL No. - 10824 of 2020 Applicant :- Janardan Chauhan @ Jantri And Anr. (Second Bail) Opposite Party :- State of U.P. Counsel for Applicant :- Ajmal Khan,Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Ajmal Khan, learned counsel for the applicants, Sri Bal Gangadhar Tripathi, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicants that the applicants have been falsely implicated in the present case. It has been further submitted that the FIR has been lodged by the father of the applicants with respect to the dispute of property. The sole victim has received fracture on his parietal bone but the author of the said injury is not known. The applicants are in jail since 23.8.2020 and previous to it have no criminal history to their credit.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Janardan Chauhan @ Jantri and Arvind Chauhan @ Bhola, involved in Case Crime No. 176 of 2020, u/s 323, 504, 506 and 308 IPC, P.S. Ibraheempur, district Ambedkar Nagar be released on bail on furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by him/them during the pendency of the trial with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 229-A of the Indian Penal Code.
(iii) 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.
(iv) The applicants 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 applicants are 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 them in accordance with law.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 17.12.2020 Gaurav