Court No. - 43
Reserved On.-24.7.2019
Delivered On.-31.7.2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 880 of 2019 Applicant :- Deepu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.,Sanjay Kumar Singh Hon'ble Pankaj Naqvi,J.
Heard Sri B.N. Singh, learned counsel for applicant, Sri Sanjay Kumar Singh, learned counsel for the informant and Sri J.P. Jaiswal, the learned A.G.A.
Applicant- Deepu Yadav seeks bail in Case Crime No.167/2018, under Sections 147/148/149/302/120-B IPC, P.S. Sarai Khwaja, Jaunpur.
It is submitted by learned counsel for the applicant that the occurrence took place in darkness at 7.30 P.M. in November, wherein there was no source of light, alleged eye witnesses claimed that they saw the applicant firing a shot at the victim, upon the exhortation of co-accused Abul Kasim @ Sadab, but it is clear from their statements that they after hearing the fire-arm-shot saw the accused persons in torch light, it's a case of hit and run where no one saw the accused persons, applicant has been falsely implicated due to hot talks with the informant which took place 2 days prior to the occurrence, he claims to have no previous criminal history, is in jail since 8.7.2018, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned counsel for the informant and the learned A.G.A. have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 :- 31.7.2019 Chandra