Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11105 of 2018 Applicant :- Amit Bansal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Rajeev Kumar Rai, learned counsel for the applicant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that the applicant is not named in the FIR. Prime accused in the incident is co-accused Yogendra alias Yogi. After six days of the incident, there was allegedly a police encounter with the applicant, which was registered as Case Crime No. 1014 of 2013, under sections 147, 148, 149, 302 and 120-B IPC in which the applicant was arrested and thereafter, the instant case has also been slapped upon him. It has next been submitted that there are five assailants in the present case, who are said to have made indiscriminate firing upon the deceased and there are three fire wound entries on vital parts of the carcass of the deceased Ajipal and it is not decipherable as to who is the real author of causing the fatal injuries to the deceased. According to the prosecution version as narrated in the FIR as well as in the statement recorded under section 161 Cr.P.C., of the informant, co-accused Yogendra alias Yogi and his another accomplice have pumped bullets upon the victim, therefore, the role of co-accused Yogendra alias Yogi is distinguishable from the case of the present applicant Amit Bansal. It has been lastly urged that the applicant is in jail since 26.06.2017 and he is liable to be released on bail.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 Amt Bansal, involved in Case Crime No. 138 of 2017, under sections 147, 148, 149, 302, 120-B and 34 IPC, P.S.
Badalpur, District Gautam Buddh Nagar be released on bail 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 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 COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.
(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., 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, 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 HIM 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 bail so granted by this court.
Order Date :- 27.3.2018 shailesh