Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11511 of 2019 Applicant :- Arvaj @ Guddu Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha,Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.,Brajesh Shukla
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant Arvaj @ Guddu, in Case Crime No. 735 of 2018, under Sections 302, 120-B I.P.C., P.S. Kasganj, District Kasganj.
Heard learned counsel for applicant, learned A.G.A. and perused the record. No one is present for O.P. No.2.
Learned counsel for applicant has shown a notice/information given by Sri Brijesh Shukla, learned counsel for informant, and submits that Sri Brijesh Shukla has informed him that he has no instruction to appear in this case.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He is not named in the F.I.R.; his name has been surfaced on the confessional statement of the co-accused Yogesh @ Raju after 50 days. It is further submitted that co-accused Yogesh @ Raju, Mohit Agarwal, Indra Kumar Dixit, Pappu @ Samir and Raj Maheshwari have already been enlarged on bail. Applicant is a law abiding person and is languishing in jail since 13.12.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. vehemently opposed the prayer and submits that applicant is history sheeter; 18 cases have been registered against him and offence is heinous. The applicant is not entitled for bail.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Arvaj @ Guddu, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(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, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
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 :- 18.12.2019 Vandana