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Banwari vs State Of U P

High Court Of Judicature at Allahabad|12 October, 2018


Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38681 of 2018 Applicant :- Banwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is argued by learned counsel for the applicant that the applicant has lodged an F.I.R. after murder of his son against ten persons. It is further argued that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is not named in the F.I.R. On the basis of statements of the witnesses of the village after one month, the applicant was arrested by the police. It is next submitted that a civil dispute is pending between the informant and the accused named in the F.I.R. It is impossible for a father to have killed his own son. There is no criminal history of the applicant. He is languishing in jail since 04.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Banwari involved in Case Crime No.173 of 2018, under Section 304 I.P.C., Police Station Jagner, District Agra, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(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 :- 12.10.2018 Rmk.
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Banwari vs State Of U P


High Court Of Judicature at Allahabad

12 October, 2018
  • Neeraj Tiwari
  • Raghubir Singh