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2015 DIGILAW 2018 (ALL)

Chhattu @ Rajendra Rajbhar v. State of U. P.

2015-07-21

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard Shri Lal Chand Mishra, advocate appearing for the applicant and learned A.G.A. 2. According to first information report, applicant along with 11 others on 29.3.2015 at 4.30 p.m. in Village Sarai, P.S. Dev Gaon on the dispute of old rasta had beaten first informant Ram Adhar Yadav, Awadh Raj Yadav and Ram Prakash Yadav. All sustained injuries. Awadh Raj Yadav had sustained grievous injury on his head. Perusal of the injury report of Awadh Raj Yadav reveals four injuries. One on head, one at chest, one at right hand and one abrasion. Ram Prakash Yadav also sustained five injuries. 3. Learned counsel for the applicant submits that the applicant is innocent, FIR has been lodged on false and fictitious allegations, number of injuries indicates that number of assailants are not commensurate with the number of injuries inflicted, no dangerous weapon was used, for harassing the applicant and other members of his caste, they have been named in the FIR. 4. Learned AGA opposed the prayer for bail. Out of the sections charged, section 308 IPC carries maximum penalty with which the applicant, if proved guilty, may be punished in future. 5. Considering the facts narrated in the FIR, the submissions made by the learned counsel for the applicant and nature of injuries disclosed in the injury reports, I think this is a fit case for bail. 6. Let the applicant Chhattu @ Rajendra Rajbhar involved in Case Crime No.75 of 2015, under sections 147, 148, 323, 504, 506, 325, 341, 342, 452, 427, 308, IPC & 7 Criminal Law Amendment Act, P.S. Dev Gaon, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice: - (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 the 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 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.