Sherpal v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49353 of 2023 Applicant :- Sherpal Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Dixit,Jitendra Kumar,Keshav Hari Dixit Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present first bail application has been filed on behalf of the applicant in Case Crime No. 73 of 2023 under Sections 307 I.P.C. Police Station Vijaygarh, District Aligarh with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations as per the F.I.R. is that the injured went to his field for storing corn where the applicant, waiting in ambush, attacked the injured with a spade and the victim sustained injuries in his legs. It is submitted that the injury is on non-vital part of the body. It is further submitted that Doctor stated that no X-ray report of the injured-Shishupal is found in his medical reports, hence, no supplementary report could be prepared. It is contended that there is no public witness of the alleged recovered spade. Applicant is languishing in jail since

01.08.2023 having no criminal history to his credit and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

¶4On the other hand, learned AGA for the State has vehemently opposed the prayer for bail and submitted that injured was referred to J.N. Medical College for treatment. It is further submitted that injured was examined by emergency doctor of Primary Health Center who deposed that incised wound was found on the leg of the injured and the bone was visible, hence, the applicant does not deserve the liberty of bail.

¶5Considering the fact that the injury was found on the non-vital part of the body, injured was referred for X-ray and as per the statement of informant, the injured was referred to Malkhan Singh from where the looking into the nature of injuries the injured was referred of J.N. Medical College where the date was fixed for X-ray after four days, hence, the injured was treated in private hospital, however, no medical report of private hospital has been collected by the I.O. and no report was found on the record, the alleged recovered spade was not sent for F.S.L. and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Sherpal be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 21.11.2023 Karan High Court of Judicature at Allahabad