Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3851 of 2021 Applicant :- Gajendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ankit Saran,Rohan Gupta Counsel for Opposite Party :- G.A.,Dileep Kumar Pandey
Hon'ble Ajit Singh,J.
1. Order on Exemption Application No. 1 of 2021.
Heard.
The exemption application is allowed.
2. Order on the Bail Application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 51 of 2020 under Sections 302 and 201 IPC, Police Station - Kavi Nagar, District - Ghaziabad with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant on the allegation that the complainant's elder brother Shri Pawan Sharma son of late Shri Kishan Chand Sharma, resident of C-1E97, Gali No. 12, Balaji Enclave, Govindpuram, Ghaziabad had been missing since 04.01.2020 and a missing report was lodged in Kavi Nagar Police Station on 05.01.2020. It was further alleged that on 13.1.2020 the complainant received an information that the dead body of his brother was found on 6.1.2020 in Rajapur Jhal Nahar, PS - Shimbhawali, District - Hapur and a suspicion was raised that some unknown person has committed the murder of the complainant's brother.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the name of the present accused has surfaced during the investigation and he was not nominated in the FIR. It is further submitted that the present accused happens to be the friend of the deceased and the present accused was having no motive to murder his own friend. It is also submitted that the allegation that the present has had a talk with the deceased on the fateful day, then, it is quite natural for a friend to talk with his friend on phone or call him. It is also submitted by the learned counsel that the evidence of the last seen by Sanjay Singh, the brother of the deceased after two months of the incident is not a believable evidence but it has been created on the basis of the suspicion and it does not carry any sanctity in the eyes of law. Thereafter, the learned counsel for the applicant submits that the recovery shown from the present accused is not reliable as it was not witnessed by any public witness. Lastly, it is argued that the applicant is in jail since 17.01.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out on the condition that the present applicant will cooperate in the trial proceeding and will not tamper with the prosecution evidence The prayer for bail is granted. The application is allowed.
Let applicant Gajendra Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 LBY