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Judgment
Attau Rahman Masoodi, J
Vakalatnama filed by Sri Akhilesh Pandey, Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant and Sri Akhilesh Pandey, learned counsel, who has put in appearance on behalf of the complainant.
Notice of this bail application was served upon learned AGA on 21.5.2022, however, instructions have not been received.
The applicant is involved in Case Crime No. 230 of 2022, under Sections 147, 279, 504, 506, 427, 307 and 34 IPC, Police Station Chakeri, District Kanpur Nagar.
The applicant was arrested on 8.3.2022 and since then he is in jail.
Learned counsel for the applicant has submitted that the applicant is student of Bachelor of Computer Application (VI Semester) in Kanpur University. His examinations are scheduled from 4th July, 2022.
Not disputing the occurrence in question, it is urged that the applicant was a passenger in the vehicle which met with the accident on 6.3.2022 giving rise to the aforesaid case crime.
The contents of the FIR also do not reveal any direct role of the applicant except that he was a co-passenger. The applicant does not have any past criminal history. He undertakes to cooperate with the proceedings without any misuse of the liberty granted to him under this order.
Learned A.G.A. has opposed the prayer for bail on the ground that that the role of the applicant in the facts and circumstances of the case cannot be segregated.
It is further submitted that the occurrence in question has been accomplished in furtherance of a common intention. The same stand has been put forth by learned counsel for the complainant.
The submission as to the common intention in the commission of offence is the subject matter of trial.
Looking to the facts and circumstances of the case, particularly the fact that the applicant does not have any past criminal history and his examinations are scheduled to commence from 4th July, 2022, a case for grant of bail is made out.
Let the applicant Navneet Singh Yadav involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file 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 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.