Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38718 of 2018 Applicant :- Bunty Alias Ravi Shankar Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga 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 contended by the learned counsel for the applicant that the present FIR has been lodged on 20.02.2018 after two months from the date of incident on the information given by Saurabh, whose statement has not been recorded till date. As per FIR version, deceased was disappeared from the village on 19.12.2017. It is next contended that one Pradeep Tomar has given extrajudicial confession that the applicant himself came before him and informed that he along with other accused, namely, Ravi and Banti had murdered Kuldip Tomar and burnt the body of the deceased. It is next contended that till date, body of deceased has not been recovered. It is next contended that on the pointing out of co-accused, Banti, one wallet and towel (agauncha) of the deceased was recovered. The said recovery has been made without presence of any independent witness and infact, the police has prepared the recovery memo. It is next contended that the applicant does not has any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused, namely, Ravi Shankar and Amit, their names have also come in the confessional statement of Pradeep Tomar, have already been granted bail by this Court vide orders dated 7.5.2018 and 24.5.2018 in Criminal Misc. Bail Application Nos. 16928 of 2018 and 19457 of 2018. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail 21.2.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
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 Bunty Alias Ravi Shankar involved in case crime No. 106 of 2018, under Sections 147, 149, 34, 302, 364, 120-B, 201 IPC, police station Budhana, District Muzaffarnagar 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 :- 26.10.2018 Arvind