Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35076 of 2018 Applicant :- Ayub Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 81 of 2018, under Sections 302, 324, 323, 506, 120B I.P.C., Police Station Jafarganj, District Fatehpur.
As per the prosecution case, the dispute pertaining to dowry was going on, consequently, son of the informant was assaulted by co-accused Ismile and Jayada @ Jahida Bano with knife and danda; wife of the informant came to rescue her son; she was stabbed by co-accused Ismile, resultantly, succumbed to injury; postmortem report shows single stab injury.
It is urged by learned counsel for the applicant that the role of causing stab injury has been assigned to co-accused Ismile; role assigned to the applicant is of entering into altercation with the son of the informant; there is no other evidence against the applicant to link the applicant with the alleged offence; co-accused Jayada @ Jahida Bano has been enlarged on bail by this Court vide order dated 5.9.2018 passed in Criminal Misc. Bail Application No. 33629 of 2018; applicant having no other reported criminal antecedent, is languishing in jail since 8.5.2018, and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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-Ayub be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional 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 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 18.9.2018 Mukesh Kr.