Amar Singh v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50669 of 2023 Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Dwivedi 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. 389 of 2023 under Sections 307, 504 and 506 I.P.C. and 3/25 Arms Act, Police Station Awanla, District Bareilly 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 on 10.08.2023, cattle of the present applicant grazed the paddy field of the informant and when he went to complain the said incident to the applicant, a verbal altercation took place between the applicant and the informant and at about 09:00 p.m., applicant came in front of the house of the informant and opened fired upon the applicant after abusing the applicant. It is submitted that there is no gun-shot injury found on the body of the injured-Tejram and only abrasion with blackening is found as per the medico legal examination and the injuries were simple in nature. It is further submitted that as per the X-ray report, Doctor opined that no free gas shade under the donus of diaphragm is found neither any bony injury is found. It is contended that alleged weapon used was recovered after 16 days from the applicant. It is further contended that applicant has no criminal history to his credit and he is languishing in jail since

11.08.2023 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 but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

¶5Considering the fact that the applicant is said to have fired upon the injured-Tejram, however, as per the medical report no gun-shot injury is found and only abrasion with blackening is found, weapon used in alleged incident is said to have been recovered after 16 days of the said incident, injuries found are simple in nature as per the statement of Doctor, applicant having no criminal history to his credit and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail. In view thereof, instant application for bail is allowed.

¶6Let applicant Amar Singh 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 :- 11.12.2023 Karan High Court of Judicature at Allahabad