Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52275 of 2019 Applicant :- Aman Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Aman, who is involved in Case Crime No.369 of 2019, under Section 304 I.P.C. P.S.-Sasani Gate, District- Aligarh.
As per the F.I.R. version, the applicant has dispute with some boys of the locality. On 06.08.2019 at about 12.19 P.M. he came his house and was going with Tamancha from his house. When the mother of the applicant came to know about this she tried to stop her son but due to snatching the Tamancha from the hands of the applicant and in between this the Tamancha went off which accidentally hit the mother of the applicant and she expired.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. He has not committed any offence punishable under Section 304 I.P.C. The deceased was mother of the applicant. There was no intention of the applicant to kill his own mother. The applicant along with his friends brought his mother in J.N.Medical College, Aligarh for treatment where she was examined by the doctors and was declared brought dead.
He further submitted that chargesheet has been submitted in this case. The applicant has no criminal history as stated in para 24 of the bail application. He is aged about 18 years old. He is a trainee of I.T.I. and is a school going boy. The applicant is in jail since 07.08.2019.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but not contradicted the aforesaid facts.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Aman, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.11.2019 Asha