Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32558 of 2018 Applicant :- Anil Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay,Upendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicants who are involved in Case Crime No. 107 of 2018, under Section 304 I.P.C., P.S. Bewar, District Mainpuri.
It is urged that co-accused Brijesh Kumar and Kamlesh have been enlarged on bail by coordinate Bench of this Court vide order dated 18.8.2018 passed in Criminal Misc. Bail Application No. 31101 of 2018; xerox copy of the order has been placed on record; due to some altercation, mother of the informant was subjected to assault by lathi and danda, resultantly, she succumbed to her injury; general role has been assigned to five accused persons; postmortem examination report shows two antemortem injury on non vital part; no specific role has been assigned to the applicants; applicants are languishing in jail since 20.06.2018, having no criminal antecedent and in case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 applicants have made out a case for bail.
Let the applicants-Anil Kumar and Vikas be released on bail in the above case on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
However, It is made clear that in case the applicants indulge in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 27.8.2018 Mukesh Kr.