Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52338 of 2019 Applicant :- Dilip Singh @ Tinku Opposite Party :- State of U.P.
Counsel for Applicant :- Rishi Kant Rai,Tapendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the 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.49 of 2019, under Section 302 I.P.C., Police Station Kandwa, District- Chandauli with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the FIR was lodged against unknown persons. The entire prosecution case rests solely on the alleged confessional statement of the applicant in which it is alleged that he was having relations with a girl whose house was used to be visited by the deceased. In paragraph 17, it is averred that on the basis of the extra judicial confession so extracted, the applicant has been falsely implicated in five cases which are referred to therein. Learned A.G.A. has failed to draw the attention of the Court any material which may even prima facie establish the complicity of the applicant in the commission of the crime in question. The State is also unable to assert that the applicant had criminal antecedents and ultimately upon being apprehended, has been framed in the commission of the crime referred to in paragraph 17. The Court takes further note of the fact that the investigation has concluded and a chargesheet submitted. It has next been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Dilip Singh @ Tinku be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 27.11.2019 Vivek Kr.