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2015 DIGILAW 2276 (ALL)

Musharraf @ Aloo v. State of U. P.

2015-08-07

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant, the learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant in case crime No.636 of 2014, under Sections 307, 323, 504 and 506 I.P.C., police station Kairana, District- Shamli with the prayer to enlarge him on bail. 3. The submission of learned counsel for the applicant is that from the First Information Report it does not appear that the shot was fired by the applicant on the informant with an intent to cause death or such injury which may be dangerous to life. It has been submitted that the injury report of the injured discloses simple pellet injuries without any blackening, tatooing or scorching and the Xray report has found no bony injury. It has been submitted that the applicant has already remained in jail since 7th September, 2014 and in case of being enlarged on bail, he would not misuse the liberty of bail. It has been submitted that the applicant is innocent with no previous criminal history. 4. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. 5. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. 6. Let applicant Musharraf @ Aloo be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 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. (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.