Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56799 of 2019 Applicant :- Avinash Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Vashisth,Shyam Sunder Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit has been filed by counsel for applicant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 276 of 2019 under Sections 147, 148, 149 302, 506 and 34 IPC and Section 7 Criminal Law Amendment Act, Police Station Jawan , District Aligarh, with the prayer to enlarge the applicant on bail.
Learned counsel for the applicants submits that present accused has been falsely implicated in this case. He further submits that accused-applicant was not named in the first information report and specific role has been assigned to accused Bhoola. He submitted that other two co-accused have been granted bail one by this Bench and next one by another bench of this Court vide orders dated 16.12.2019 and 11.11.2019 passed in Crl. Misc Bail Application No. 53483 of 2019 (Ankit Kumar Singh) and Crl. Misc Bail Application No.44946 of 2019 (Ramu @ Ram Babu). He further submits that accused-applicant is innocent and the accused claims parity from the other co-accused. He further submits that the accused has no criminal history. Lastly it is argued that the applicant in jail since 22.10.2019, in case applicant is released, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Avinash Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 20.12.2019 LBY