Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49621 of 2017 Applicant :- Amar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.S. Solanki, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant was not named in the F.I.R. His name came into light in the statement of co-accused Usha, who is the wife of the deceased. She was having some illicit relations with co-accused Ajendra Singh, who happens to be the brother-in-law of the applicant. The applicant has been falsely implicated in the present case only on account of said relation with co- accused Ajendra though neither he has any motive to commit the crime nor any incriminating article has been recovered either on his pointing out or from his possession. The applicant has no other reported criminal antecedent. The applicant is in jail since 27.9.2017.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Amar Singh involved in Case Crime No. 169 of 2017 under Sections 302, 201 I.P.C., Police Station Sidhpura, District Kasganj 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.
The case of the applicant is distinguishable from co-accused Usha and Ajendra Singh.
Order Date :- 22.2.2018 Shiraz