Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31051 of 2019 Applicant :- Abhishek Pasi Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Pathak,Vivek Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard Sri Anil Kumar Pathak and Sri Vivek Jaiswal, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned AGA files counter affidavit. The same is taken on record. Learned counsel for the applicant states that he does not want to file any rejoinder affidavit.
An FIR has been lodged by the complainant Rishabh Kesari alleging that on 26.05.2018 at 8.30 am his uncle, Vinod Kumar Kesari, the deceased was shot dead by some unknown person when he was going to his shop from his house.
The submission of the learned counsel for the applicant is that the applicant is not named in the FIR and he has been falsely implicated in the present case. The applicant is in jail since 07.02.2019. Learned counsel for the applicant further submitted that the co-accused-Amit Kumar Pasi alias Sonu has already been granted bail by this Court on 19.11.2019.
Learned AGA opposed the prayer for bail. However, in his counter affidavit he has not disclosed as to how the accused is connected with the offence.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, in my opinion, prima facie a case for bail is made out.
Let the applicant Abhishek Pasi involved in Case Crime No. 158 of 2018, under Sections 302, 394, 120B IPC, Police Station Phoolpur District Allahabad 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.
Order Date :- 27.11.2019 N Tiwari