Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24317 of 2018 Applicant :- Dalpat Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.,Preet Pal Singh Rathore
Hon'ble Suneet Kumar,J.
Learned counsel for the informant and learned counsel for the applicant have filed counter and supplementary affidavits which are taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
It is urged that co-accused Jitendra Singh has already been enlarged on bail by the court below; as per the prosecution case, deceased along with his brother (informant) was ambushed by three persons including the applicant with lathi-danda and Kachla; resultantly, deceased succumbed to injuries; in the first statement of the informant recorded under Section 161 Cr.P.C., it is stated that co-accused Charan Singh was armed with leg of the cot, Darvesh with gudaal and Akshit with lathi; name of the co-accused Darvsh and Akshit was dropped; after the five days in the second statement of the informant; name of the applicant surfaced; postmortem examination report shows 14 injuries on the body of the deceased; author of the injury has not been specified.
Learned counsel for the applicant urged that implication of the applicant is afterthought; presence of the informant on the spot is doubtful; informant being the eye-witness account has taken contradictory stands; no recovery has been made from the applicant; there is no evidence against the applicant; applicant has no other reported criminal antecedent; applicant is languishing in jail since 29.3.2018. If he released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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-Dalpat Singh involved in Case Crime No. 83 of 2018, under Sections 147, 302 and 34 I.P.C., Police Station Qila, District Bareilly be released on bail on his furnishing a personal bond 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 :- 30.8.2018 Saurabh