- (1.) Heard learned counsel for the applicant; the learned A.G.A. for the State; Sri Raghvendra Prakash for the informant; and perused the record. The present bail application has been filed by the applicant in case crime No. 38 of 2015, under Sections 147, 148, 307, 308, 452, 324, 323, 504, 506, 304 I.P.C., police station Jahanaganj, District-Aligarh with the prayer to enlarge him on bail.
(2.) The submission of the learned counsel for the applicant is that in respect of an incident dated 31.3.2015, which is said to have occurred at 7 A.M. in the morning, a report was got registered by the father of the applicant against Sureman (deceased) and three other persons of having assaulted the applicant and four other persons, who have received injuries. The incident is said to have taken place on account of dispute between children. It has been submitted that the present case against the applicant was got registered on 2.4.2015 against five persons including the applicant alleging that the deceased (Sureman) was hit by a Tangi, which was wielded by the applicant whereas others assaulted him with lathi and danda. It has been submitted that there is only a single ante mortem injury found on the head of the deceased and no other injury has been found. It has been submitted that there is nothing on record to show that a second blow was inflicted and since admittedly the applicant has also received seven injuries on his body, inflicting of one blow can be said to be an act to save himself. It has lastly been submitted that the applicant has no previous criminal history and is in jail since 7.4.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail. Learned AGA as well as counsel for the informant has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
(3.) 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. Let applicant Parvind 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. (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.;