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Allahabad High Court · body

2015 DIGILAW 2014 (ALL)

Chhedi Lal Kesarwani v. State of U. P.

2015-07-21

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard Sri Harish Chandra Dwivedi, learned counsel for applicants, learned A.G.A. and perused the record. 2. This bail application has been preferred by the accused-applicants, Chhedi Lal Kesarwani and Ajay Kumar Kesarwani, who are involved in Case Crime No. 218 of 2015, under Sections 147, 148, 392, 307, 323, 504, 506, 324, 427, 149, 325 I.P.C. P.S.- Phoolpur, District-Allahabad. 3. Briefly stated facts are that on 9.5.2015 at about 2.00 PM in town Phoolpur, District Allahabad, applicants with three other named accused and six unknown persons had assaulted, beaten and caused injuries to injured (Pradeep Kumar sustained greivous in the form of damage to canine) and looted a golden chain, Rs.50,000/- cash and one mobile alongwith other building materials. 4. Prior to the incident a civil suit was filed by one of the applicant Chhedi Lal, wherein the informant Jitendra Kumar Singh was arrayed as defendant no. 3. In this backdrop learned counsel for the applicants prays for bail to the applicants on the ground that the applicants are innocent. The complainant and his companion are land mafias. They had beaten the applicants and lodged false first information report. Residents of the area have made complaint against the complainant and his friends. The applicants are real owners of the land, shopkeepers by profession having no criminal history to their credit. 5. Learned A.G.A. opposed the bail application on the ground of the facts of the case narrated in the first information report. 6. In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail. 7. Let applicants, Chhedi Lal Kesarwani and Ajay Kumar Kesarwani, be released on bail in the aforesaid case crime number on their furnishing personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: (i). The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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). 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (iii). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.