- (1.) Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.
(2.) It is submitted by the learned counsel for the applicant that co-accused including the applicant were assigned general role of assaulting the deceased with Lathi and Danda, but subsequently the statements of witnesses were recorded, who have assigned the role of causing injuries to the deceased by Lathi, on the applicant. It appears from the post-mortem report of the deceased that injury no.1 has proved to be fatal. Though the injury on the chest was also caused but the post-mortem report of the deceased shows that no abnormality was deducted. He further submitted that it was a sudden fight and the prosecution case would not travel beyond Section 304 IPC. The applicant is languishing in jail since 03.03.2015.
(3.) Learned A.G.A. opposed the prayer for bail, but could not dispute with the aforesaid facts. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Dhruv Pandey, involved in Case Crime No. 101 of 2015, under Sections 302, 323, 504, 506, IPC, Police Station Mahuli, District Sant Kabir Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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.;