Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40498 of 2018 Applicant :- Amar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.,R.P.S. Chauhan
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Shiromani Yadav, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Amar Pal, seeking his enlargement on bail in Case Crime No. 427 of 2018 under Sections 306 IPC, P.S. Gunnaur, District Sambhal during the pendency of the trial.
From the record, it appears that an incident occurred on 12.7.2018, in which Sheoraj committed suicide. The F.I.R. in respect of the aforesaid incident was lodged on 15.7.2018, and was registered as Case Crime No. 0427 of 2018 under Sections 306 IPC, P.S. Gunnaur, District Sambhal. In the aforesaid F.I.R., four persons namely, Satyapal, Veerpal, Amarpal, Bhure were nominated as the named accused. The investigation of the aforesaid case crime number is said to be pending. The inquest of the deceased was conducted on 12.7.2018 not on the information of the applicant or any of his family members but on the information given by Chatrapal the father of the deceased. In the opinion of the Panch witnesses, the death of the deceased was characterized as suicidal. The post mortem of the body of the deceased was conducted on 12.7.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was asphyxia as a result of anti mortem hanging. Except for the ligature mark, no other external ante-mortem injury was found on the body of the deceased. The applicant surrendered before the Court below and his surrender was taken under section 306 IPC and the bail application of the applicant has also been rejected under section 306 IPC. Learned counsel for the applicant invited the attention of the Court to the allegations made in the F.I.R. He submits that the allegations made in the F.I.R. can be said to be the cause behind the occurrence but certainly, will not amount to abetment in terms of section 107 IPC. To buttress his submission, he has relied upon the judgement in the case of Sarvesh Vs. State of U.P. reported in 2018 (102) ALLCC 156. It is then submitted that the proof of charge under section 306 IPC is subject to trial evidence. Up to this stage, there is no such evidence to show that the applicant has aided conspired or instigated in the commission of crime. On the aforesaid factual premise, is is urged that applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail.
Let the applicant Amar Pal, be released on bail in the aforesaid case crime number on furnishing a personal bond 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR 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/her 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.
Order Date :- 21.12.2018 Arshad