Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7970 of 2018 Applicant :- Arvind Singh @ Murari Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Indra Kumar Chaturvedi, learned counsel has filed Vakalatnama on behalf of the complainant today, which is taken on record.
Heard Sri SD Singh Jadaun and Rakesh Dubey, learned counsel for the applicant, learned counsel for the complainant, 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 though there is prompt FIR got registered by Amrendra Kumar Shukla, naming four persons as accused but the present applicant is not named in the FIR. Sri Amrendra Kumar Shukla, first informant is also one of the injured witnesses. The deceased was assaulted by co-accused Vishal Singh. The role of the present applicant Arvind Singh alias Murari Singh in alleged to be driving the car consisting all the assailants and he remained on the site at the time of the incident without getting himself involved or without participating in the commission of the crime.
This fact is clearly mentioned in the statement of the informant recorded under section 161 Cr.P.C. The applicant is in jail since 07.11.2017, having no criminal history.
Learned counsel for the complainant as well as 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.
The case of the present applicant is distinguishable from the co-accused Vishal Singh, the main assailant.
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 Arvind Singh @ Murari Singh, involved in Case Crime No. 659 of 2017, under sections 452, 323, 504, 506, 386, 307, 302 and 34 IPC, P.S. Meja, District Allahabad 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 :- 28.2.2018 shailesh