Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39812 of 2018 Applicant :- Dheeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Naveen Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Naveen Kumar Yadav, learned counsel for the applicant, Sri J.K. Upadhyay, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 232 of 2018, u/s 147, 148, 149, 302 IPC, P.S.
Mahuli, District Sant Kabir Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he has been falsely implicated in this case along with other family members on account of enmity which has been stated in the F.I.R. itself; the deceased was found murdered at a distant place; during investigation, prosecution introduced evidence of last seen; nothing incriminating has been recovered on the pointing out of the applicant.
It has been further argued that identically placed co-accused Shani Prajapati @ Harendra has already been granted bail by this Court on 05.10.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, further considering the fact that similarly placed co-accused has already been granted bail by this Court without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Dheeraj involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and 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/she shall not seek any adjournment on the date 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under section 229-a I.P.C.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under section 174-a I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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/her in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.10.2018 S.K.