Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36898 of 2016 Applicant :- Babli @ Babloo @ Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sharique Ahmed, learned counsel for the applicant, Sri I.P.Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that no one was named in the F.I.R. and the applicant along with co- accused were arrested during the course of investigation. He further submitted that the co-accused has already been granted bail and the case of of the applicant is identical to co-accused except recovery of one Spice phone which belonged to the deceased. He also submitted that the deceased who was the wife of Chowkidar was wearing jewelleries but the same has not been looted and only spice phone of the deceased has been looted. All the witnesses of fact have been examined hence there is no chance of tampering of evidence. The applicant is in jail since 17.10.2015.
Learned AGA 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 Babli @ Babloo @ Rahul, involved in Case Crime No. 379/2015, under Sections 302, 394, 411 IPC, P.S. Nawabganj, District Kanpur Nagbe released on bail on furnishing a personal bond and two heavy 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 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.
The trial court is directed to expedite the trial and conclude the same preferably within the period of four months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
Office is directed to send the certified copy of this order to the trial court for it's compliance.
Order Date :- 30.3.2018 A.K.Srivastava