Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44033 of 2018 Applicant :- Chandra Shekhar Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajit Manit Tripathi,Adarsh Tiwari,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.M. Tripathi, learned counsel for the applicant and Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is said to have accompanied the deceased to a place but the deceased was found in an unconscious state out of his house. It is stated that some poisonous substance has been administered to him. He submits that as per the post mortem report, the cause of death is not known. Viscera is preserved. There is no ante mortem injury found on the person of the deceased. He submits that one witness, namely, Ram Ishwar Nishad in his statement recorded under section 161 Cr.P.C. has stated that two bottles were found at the place of occurrence and suspected that the deceased and the applicant had consumed some liquor together. Except the same there is no cogent evidence against the applicant. No incriminating article has been recovered either from the possession of the applicant or on his pointing out. The applicant has been arrested after one month of the incident. The applicant has no other reported criminal antecedent. The applicant is in jail since 10.8.2018.
Learned A.G.A. opposed the prayer for bail..
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Chandra Shekhar Nishad involved in Case Crime No. 191 of 2018 under section 302 I.P.C., police station Gauri Bazar, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(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.
Order Date :- 29.5.2019 Shiraz