Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52155 of 2019 Applicant :- Amit Alias Kalu Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 249/2018, under Section 302 I.P.C., Police Station Hathras Gate, District Hathras with the prayer to enlarge him on bail.
For the purpose of evaluating the prayer for bail the Court takes into consideration that initially the informant, father of the deceased, has stated that he saw co-accused Bani Singh assaulted his son with knife whereas other unknown persons were holding him. In the subsequent statement recorded in the course of investigation, although the father identified Bani Singh as the person who murdered his son, the applicant has come to be included as an accused consequent to the statements of other witnesses who allege that he was having an affair with the wife of the deceased. The wife of the deceased has already been enlarged on bail as is evident from the order passed on Criminal Misc. Bail Application No. 38488 of 2019. The Court is apprised that the applicant is otherwise stated to have no criminal history. The Charge-sheet is stated to have been filed on the conclusion of the investigation.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Amit alias Kalu 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 subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
Order Date :- 26.11.2019 LA/-