Hard copy of counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 290 of 2020, under Sections-302 and 201 I.P.C., Police Station-Kotwali Bhinga, District Shrawasti.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case.
Learned counsel for the applicant submitted that the F.I.R. was lodged on 01.10.2020 at 11:40 Hours against Ram Chhabile Baistaba, Chinta Baistaba and Avadh Ram Baistaba, however, during investigation names of these persons were dropped out by the Investigating Officer and names of present applicant as also Uday Raj Yadav were included. It is stated that motive to commit crime has specifically been assigned to Uday Raj Yadav and not to the present applicant. The prosecution has only alleged that applicant was accompanied with Uday Raj Yadav at the time of crime. It is submitted that Uday Raj Yadav against whom specific motive has been assigned by the prosecution has already been released on bail by this Court vide order dated 13.08.2021 passed in Criminal Appeal No.1239 of 2020 and the applicant is on better footing. It is also submitted that no enmity has been pointed out by the prosecution with the deceased. Prayer is to allow the present bail application and release the applicant on bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he could not dispute aforesaid aspects of the case particularly, that Uday Raj Yadav against whom specific motive has been assigned by the prosecution has already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that Uday Raj Yadav against whom specific motive has been assigned by the prosecution has already been released on bail by this Court, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant-Ajay Kumar @ Ram Niwas be released on bail in aforesaid Case Crime Number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 his 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.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Vinay/-