The Allahabad High Court has granted bail to Dalel Singh, who is accused of attempt to murder in an FIR registered in Police Station Baradari, District Bareilly.
A single-judge bench of Justice Ali Zamin passed this order while hearing a Criminal Misc Bail Application filed by Dalel Singh.
The bail application has been filed by the applicant with a prayer to enlarge him on bail in Case under Sections 307, 302, 504, 506, 34 IPC, PS Baradari, District Bareilly.
The counsel for the applicant submitted that as per the FIR, on the night of 22.08.2021 at about 8 pm, the applicant with his licensed gun, Chandu Yadav, Bahadur and Rohan Thakur with their country-made pistols fired at Vicky Yadav in which he received pellet injuries and became grievously injured.
It is also submitted that applicant also received grievous injuries on his head, family members of the informant caused injury to applicant regarding which FIR has been lodged by the father of the applicant on 23.10.2021 as case under Sections 147, 148, 307, 323, 504, 506 IPC which is not explained in the FIR.
He further submitted that the co-accused Rohan Thakur has been granted bail by co-ordinate Bench of the Court order dated 19.07.2022 in Criminal Misc Bail Application, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there the applicant is languishing in jail since 24.08.2021.
Per contra, AGA opposed the bail prayer of the applicant and submitted that as per FIR version applicant and three others fired at the injured and as per statement of Mansi Yadav, an eyewitness, it is the applicant who fired at Vicky and his shooting hit him, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by the counsel for the parties, as per FIR version role of firing assigned to all the four accused including the applicant and FIR also lodged by father of the applicant against family members of the injured, without expressing any opinion on merit of the case, the applicant is entitled for bail, the Court observed.
The Court ordered,
Let the applicant Dalel Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 CrPC 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 CrPC.
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.