Ghanshyam vs State Of U P

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14249 of 2019 Applicant :- Ghanshyam Opposite Party :- State Of U.P.

Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Supplementary affidavit filed in Court today is taken on record.

Heard Sri Subedar Mishra, learned counsel for the applicant and Sri Lalji Maurya, learned counsel for the State.

Perused the material on record.

The present bail application has been filed by the applicant-Ghanshyam with a prayer to enlarge him on bail in Case Crime No. 82 of 2019, under Sections 354, 323, 504 and 506 I.P.C. and 7/8 POCSO Act, Police Station-Goverdhan, District- Mathura, during the pendency of the trial.

It has been argued by learned counsel for the applicant that the first information report has been lodged on 24th February, 209 by Neeraj maternal uncle of the victim, namely, Komal alleging therein that when the victim was coming to the house from shop, then on the way the applicant tried to drag her with a bad intention by catching her hands but by getting a chance, she ran away. When the first informant along with his friend Tulsi was going to the applicant's house for complaining the same to his parents, on the way, the applicant and other two co- accused came and assaulted them by lathi and sticks due to which Tulsi sustained injury. It has further been argued by the learned counsel for the applicant that due to old enmity earlier the first informant beat the applicant and his family members due to which the side of the applicant made complaint before the Police Station against the first informant, as a consequence thereof the present first information report has been lodged against the applicant and two co-accused. It has further been argued by the learned counsel for the applicant that as per the version of the first information report as well as as per the statement of the victim, the only role assigned to the applicant is of trying to molest her by catching her hands. Apart from the above, as per the version of the first information report as well as as per the statements of the injured i.e. the first information and Tulsi, no specific role of assaulting him has been assigned to any of the co- accused. As per the medical examination report, the injuries suffered by both the injured are simple in nature. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 25th February, 2019.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.

(Manju Rani Chauhan, J.) Order Date :- 29.4.2019 Sushil/-