Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31668 of 2018 Applicant :- Devi Prasad Bhatt And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar,Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.
As per prosecution case, Ram Jiyavan Bhatt, Ram Ugrah Bhatt and Sant Sharan have already been enlarged on bail by this Court; copy of bail orders are placed on record; role assigned to the applicants is of conspirator; specific role of causing fire arm injury has been assigned to un-named person; there is no evidence against the applicants except the statement of Umesh Kumar and Ajai Pal Chaudhary who have stated that the applicants were talking amongst themselves and when they saw the witnesses they kept quite. It is urged by learned counsel for the applicants that there is no evidence against the applicants; chain of events do not link the applicants to the commission of the offence; applicants have no criminal antecedent; applicants are languishing in jail since 11.7.2018. If they are released on bail, they will never misuse their 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 applicants.
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 applicants are entitled to be released on bail in this case.
Let the applicant-Devi Prasad Bhatt And Bhawani Prasad Bhatt involved in Case Crime No. 185 of 2018; under Sections 147, 148, 149, 302, 120-B and 34 of I.P.C., Police Station Bakhira, District Sant Kabir Nagar be released on bail on their furnishing a personal bond each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants 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 applicants 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 them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them in accordance with law.
Order Date :- 23.8.2018 Saurabh