Lucky @ Manish v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44942 of 2023 Applicant :- Lucky @ Manish Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sanjay Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 0224 of 2023, under Sections 308 and 506 I.P.C., Police Station Ganga Nagar, District Meerut, during the pendency of trial.

¶4As per prosecution story, the applicant kept an enmity towards the informant owing to their business of selling helmets, as such the applicant is stated to have assaulted him with bricks on 26.07.2023 at about 4:00 p.m.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The FIR is delayed by four days and there is no explanation of the said delay caused. The victim was conscious at the time of injury and at the time of medical examination, which stands clarified from the fact that GCS of the victim was E4V4M6, thus it stands out to be 14, which indicates towards his conscious state. Learned counsel has further stated that even the CT scan conducted on the applicants states non depressed fracture of occipital bone on right side. The said injury cannot be considered to be grievous in nature.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 09.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application on the ground that the CCTV footage indicates towards the complicity of the applicant.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Lucky @ Manish, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

(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., may be issued and if 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 IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 26.10.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad