Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24377 of 2018 Applicant :- Awdhesh Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Vishwakarma Counsel for Opposite Party :- G.A.,Pawan Shukla
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri Pawan Shukla, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution version, the deceased was ambushed and caused firearm injury by co-accused Ramu Singh, Shiv Singh and Nand Lal and the applicant, postmortem examination report reflects gun shot injuries, three entry and two exit; role assigned of causing firearm injury is on the other co-accused and not to the applicant; in the statement under Section 161 Cr.P.C. informant has assigned the role of causing one gun shot injury to the applicant, whereas, the eye-witness account (Brijesh Kumar Shukla) has assigned the role of causing single shot injury to Shiv Singh and two gun shot injuries to Ramu Singh; no role of firing has been assigned to the applicant; it is urged that applicant has been falsely implicated, applicant having no other reported criminal antecedent is languishing in jail since 3.1.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Awdhesh Singh Yadav involved in Case Crime No. 179 of 2017, under Sections 302/34, 120B I.P.C., Police Station Kamasin, District Banda be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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.
(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 :- 23.8.2018 S.Prakash