Court No.

- 54

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11546

of 2020

Applicant :- Sobhnath Bind

Opposite Party :- State of U.P.
Counsel for Applicant :- Shikher Trivedi,Durvesh Kumar
Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Joshi,J.

Heard Shri Shikher Trivedi, learned counsel for the applicant,

learned A.G.A. for the State and perused the record.

This bail application under Section 439, Cr.P.C. has been

preferred by the accused-applicant, Sobhnath Bind for releasing
him on bail during the pendency of the trial in Case Crime No.
142 of 2018, under Sections 452, 323, 504, 506, 427, I.P.C.
P.S.- Utraon, District- Allahabad.

As per the first information report, six accused persons named

in the F.I.R. assaulted the informant and his daughter-in-law
with the help of lathi, garasa and iron rod.

Learned counsel for the applicant in support of his prayer for

bail submits that no specific role has been assigned in the first
information report and entire family of the applicant has been
implicated in the case including his daughter-in-law namely,
Keti Devi, wife of Dheeraj Bind. It is further contended by
learned counsel for the applicant that all the injuries are found
simple in nature and there is a contusion and abrasion on the
injured. It is further contended by learned counsel for the
applicant that as per the prosecution version, it is not clear that
who is the author of the injury caused to the injured. It is further
contended by learned counsel for the applicant that the
applicant has falsely been implicated in the case and is
languishing in jail since 13.2.2020 having no criminal history.
In case he is released on bail, he will not misuse the liberty of
bail and will cooperate with the trial.

On behalf of State bail has been opposed.

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.

Let applicant, Sobhnath Bind, 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 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,
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). 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 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 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 his bail and proceed against him in accordance with
law.

Order Date :- 18.3.2020

T. Sinha