Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14048 of 2019 Applicant :- Nikesh Yadav @ Nitesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken.
Heard Sri Mohan Yadav, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State.
Perused the material on record.
The present bail application has been filed by the applicant- Nikesh Yadav @ Nitesh Yadav with a prayer to enlarge him on bail in Case Crime No. 32 of 2019, under Sections 142, 147, 148, 149, 307, 34 I.P.C., Police Station-Kasimabad, District-Ghazipur, during the pendency of the trial.
It has been argued by learned counsel for the applicant that as per the allegations made in the first information report lodged on 16th February, 2019 by Veer Pratap Singh, on 16th February, 2019 the first informant along with his friend Krishna Kant Singh was going to the market by motorcycle for buying vegetables and when they reached the Gangauli crossing, five persons, namely, Chandan Yadav, Sippu Yadav, Nitesh Yadav (applicant herein), Kheshari Yadav and Shravan Kumar Ram came to them and due to earlier enmity, after surrounding the first informant and his friend, they started beating and at that point of time, Chandra Yadav fired upon the first informant by country made pistol with intention to kill him due to which he sustained injuries on knee of his right leg. It has further been argued by the learned counsel for the applicant that in the first information report as well as in the statements of the injured, the role of assaulting the injured by country-made pistol has been assigned to Chandra Yadav, whereas the role of beating the first informant and his friend has been assigned to all the accused persons. Due to earlier enmity between the first informant and applicant along with other, as is evident from the version of the first information report, the applicant has been falsely implicated. 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 3rd March, 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/-