Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20784 of 2019 Applicant :- Ankit Pasnawat @ Lalla @ Kare Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Srivastava,Ajay Kumar Vashistha,Pankaj Srivastava Counsel for Opposite Party :- G.A.,Ragvendra Singh Rathour,Vivek Kumar Singh
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as Shri Vivek Kumar Singh, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.548 of 2018, under Sections 302 120-B. I.P.C., Police Station Soraon District Kasganj.
Learned counsel for the applicant submits that according to the prosecution version on 10.10.2018 at about 6 A.M. in the morning, Ramakant, Harikant and two unknown persons fired shots with intention to kill Satish Chandra Agrawal @ Khatka, husband of the informant. On the basis of information of informer, the name of the applicant and co-accused Rahul Chaudhary surfaced. On 6.11.2018, applicant and two others were arrested by the police and it is alleged that on confessional statement before the police, on their pointing, country made pistols were recovered and on the basis of the recovery memo, Case No.613 of 2018, under section 25/27 Arms Act was also registered. The only evidence against the applicant is confessional statement and recovery of country made pistol. There is no public witness of the recovery of the country made pistol. No identification has been conducted by the police. The version of the F.I.R was supported by the statement of the informant, recorded under Section 161 Cr.P.C. The co-accused Rahul Chaudhary on the same footing has already enlarged on bail by this Court vide order dated 27.11.2019 passed in Criminal Misc. Bail Application No.11184 of 2019, hence applicant is also entitled to enlarge on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering the witnesses, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 06.11.2018.
Per contra, learned A.G.A. as well as Shri Vivek Kumar Singh, learned counsel for the informant have opposed the bail prayer of the applicant and has submitted that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Ankit Pasnawat @ Lalla @ Kare involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
Order Date :- 27.11.2019 SFH