Allahabad High Court
Ram Sajeevan Yadav vs State Of U.P. on 30 July, 2019
Author: Rekha Dikshit
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 5230 of 2019 Applicant :- Ram Sajeevan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Piyush Shrivastava,Amit Kumar Singh Counsel for Opposite Party :- G.A.,Surya Bhan Singh Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that the accused-applicant has falsely been implicated in the present case. It has further been submitted that a general role has been assigned to all the accused and as per statement of injured, the applicant has been assigned role of using sabbal at the time of commission of crime. As per postmortem report, there is no lacerated wound found on the body of the deceased. As postmortem report of the deceased, four injuries are shown, two are abrasion, one incised and one contusion. These injuries cannot be happened by the use of alleged sabbal, as such, the co-accused has been the same role, has already been released on bail by the coordinate bench of this Court vide order dated 1.5.2019 passed in Bail No.5506 of 2018. The accused-applicant is languishing in jail since 16.6.2017 having no criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant,Ram Sajeevan Yadav, involved in Case Crime No.0416 of 2017, under Sections 147, 148, 452, 323, 504, 302 IPC, Police Station - Amethi, District - Amethi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following 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 :- 30.7.2019 KR