Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6505 of 2018 Applicant :- Ajeet Singh @ Dumman Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,A/A1522 Counsel for Opposite Party :- G.A.,Abhishek Srivastava,Sri Prakash Dwivedi
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Surendra Mishra, holding brief of Sri Abhishek Srivastava, learned counsel for the complainant, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that there were two FIR registered for the same incident. One FIR was registered at district Jaunpur and other FIR was registered at district Mirzapur. The applicant has already granted bail in Case Crime No.99 of 2016 which was registered at district Jaunpur in Criminal Misc. Bail Application No.17298 of 2017 vide order dated 29.5.2017. On the basis of the same very evidence, the present FIR has been registered in district Mirzapur. There appears to be no fresh evidence against the applicant. The criminal history of the applicant has been explained by him in para no.3 of the supplementary affidavit. The applicant is in jail since 28.1.2016.
Learned counsel for the complainant as well as learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Ajeet Singh @ Dumman Singh, involved in Case Crime No.86 of 2016, S.T. No.70 of 2016, u/s 302, 201 IPC, P.S. Kachwa, district Mirzapur be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) 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.
The trial court is directed to expedite the trial and conclude the same preferably within the period of eight months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
Office is directed to send the certified copy of this order to the trial court for it's compliance.
Order Date :- 23.3.2018 Gaurav