Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51186 of 2019 Applicant :- Bheesham Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Rajesh Kumar Mishra, the learned Brief Holder for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 95 of 2019, under Section - 304 I.P.C., Police Station Mahrajganj, District- Azamgarh with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the prosecution rests principally on the statement of one Ram Yadav who alleges that he had a land dispute with the applicant and mistaking him to be the deceased attacked him on 30 May 2019. The applicant is otherwise stated to have no previous criminal history. The Court is further apprised that upon conclusion of the investigation a charge sheet has been submitted.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Bheesham Yadav, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 27.11.2019/Arun K. Singh (Yashwant Varma, J.)