Sujit @ Rahul v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50008 of 2023 Applicant :- Sujit @ Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Yadav,Kailash Nath 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 under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 155 of 2023 under Sections 34, 147, 148, 307, 504, 506 I.P.C. and 7 C.L.A. Act, Police Station Obra, District Sonbhadra 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 levelled as per the F.I.R. is that three unknown persons whose faces were covered with masks came on motorcycle and stabbed the back of son of the informant by sharp edged weapon when he was returning from walk. It is submitted that applicant was not named in the F.I.R. and his named surfaced in the statement of witness-Aditya Sahani. It is further submitted that main role of assault is assigned to co-accused Sushil Kumar who has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 29.11.2023 passed in Criminal Misc. Bail Application No. 41112 of 2023. Applicant is languishing in jail since 15.07.2023 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 and shall co-operate in the trial.

¶4On the other hand, learned AGA has opposed the prayer of bail and submitted that specific role of assault is assigned to co-accused Sushil Kumar, however, as per the statement of injured, it was the applicant who hit the injured with his motorcycle by which he fell down and then only the co-accused Sushil Kumar assaulted him.

¶5Considering the fact that the applicant was not named in the F.I.R. and his name surfaced only on the statement of witness-Aditya Sahani, main role of assault of assigned to co-accused Sushil Kumar who has already been enlarged on bail, applicant is languishing in jail since 15.07.2023 having no criminal history to his credit, case of the applicant is at a better footing than that of co-accused-Sushil Kumar who is assigned the main role of causing injury and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Sujit @ Rahul 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 :- 6.12.2023 Karan High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad