Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33471 of 2017 Applicant :- Ankur Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshmi Kant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned AGA for the State and perused the record.
This third bail application has been filed by the applicant in case crime No.2310 of 2013, under Sections 395, 397 and 412 I.P.C., police station Kotwali District- Ghazipur with the prayer to enlarge him on bail.
The third bail application has been filed on ground that all the witnesses of fact have been examined in the case and they have not supported the prosecution case against the applicant and therefore there is no possibility of the applicant being convicted, and that apart, despite direction, the trial has not been concluded whereas the applicant has remained in jail since 17th November, 2013.
On the aforesaid submission of learned counsel for the applicant, on 17th November, 2017, this Court passed the following order:
"The first bail application of the applicant was rejected primarily on the ground of long criminal history as also that the trial was in progress and statement of P.W.1 had been recorded.
The second bail application of the applicant has been filed by alleging that witnesses of fact have turned hostile and have not supported the prosecution case.
Considering the long criminal history of the applicant, this Court considers it appropriate to invite a counter-affidavit from the Learned A.G.A. to disclose whether in any of the matters in which the applicant has been implicated, he has been convicted or not. The counter-affidavit will also indicate whether any witnesses of fact is still remaining to be examined and if all the witnesses of fact have been examined whether they have disclosed the complicity of the applicant or not.
List on 01st December, 2017. By the next date, counter-affidavit, as directed above, be filed.
Let a copy of this order be supplied to the learned A.G.A. for compliance."
Pursuant to the order passed by this Court, counter affidavit dated 13th December, 2017 has been filed. In the counter affidavit it is not disputed that all the witnesses of fact have turned hostile and only formal witness of investigation remain to be examined. It has also not been disclosed that in any case the applicant has been convicted.
The applicant has explained past criminal history in paragraph 6 of the affidavit filed in support of the bail application and has submitted that the applicant has already been enlarged on bail in other cases and in four of them he has been acquitted.
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 that the applicant has suffered incarceration since 17th November, 2013, without commenting upon merits of the case, this Court considers it appropriate to grant bail to the applicant.
Let applicant Ankur Singh 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 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.
(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 :- 27.2.2018. Rks.