Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52143 of 2019 Applicant :- Babbu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Sumer Chaudhary,Phool Chandra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No.0297 of 2019, under Sections 147, 148, 149, 304 IPC, P.S. Saini, District - Kaushambi.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the case; they have not committed any offence. They were not named in the FIR. There is no specific role assigned to the present applicants. In the night of incident, deceased was stealing buffalo. People gathered there and beat to the deceased. Police also reached immediately and took the deceased in the hospital for treatment but he died. Name of the applicants surfaced during investigation. In fact, they have not committed the present offence nor were involved in this matter. The applicants have no criminal history. They are languishing in jail since 11.08.2019. Co-accused of the case has been granted bail by this Hon'ble Court vide orders dated 14.11.2019 and 22.11.2019 passed in Bail Applications No.47891 of 2019 and 48050 of 2019. The role of the applicants are similar to that of the co-accused who has been granted bail by this Hon'ble Court. It has been submitted that in case the applicants are released on bail, they will not misuse the liberty of bail granted to them and will cooperate in trial. It has also been submitted that there is no possibility of the applicants' fleeing away from the judicial process or tampering with the witnesses.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicants Babbu and Kuldip be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
3. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
4. The applicants 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 their bail and proceed against them in accordance with law.
Order Date :- 27.11.2019 VNP/-