Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43605 of 2019 Applicant :- Abhishek @ Nitesh Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant, Sri Amit Sinha, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 461 of 2019, under Sections 302 and 201 of I.P.C registered at Police Station, Kotwali, District Maharajganj.
As per prosecution case, on 25.6.2019, one unknown dead body of the lady aged 37 years was found in a canal. Inquest and postmortem were conducted of an unknown body and on 2.7.2019 offence under Section 302 of IPC was also registered against unknown persons.
Learned counsel for the applicant submits that only piece of evidence against the applicant is his so called confession before the police but nothing incriminating has been seized from the applicant. He further submits that similarly placed co-accused Ashutosh @ Bunty has already been granted bail by this Court vide order dated 21.10.2019 passed in Criminal Misc. Bail Application No. 43549 of 2019.
On the other hand, learned A.G.A. opposes the application for bail. He, however, does not dispute that the case of co- accused is identical to that of applicant.
Considering the totality of the case, in particular, nature of evidence and further considering the fact that there is no legally admissible evidence against the applicant and the similarly placed co-accused has already been granted bail by this Court, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Abhishek @ Nitesh, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following 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 date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 26.11.2019 AKK