Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54527 of 2019 Applicant :- Gaurav Opposite Party :- State of U.P.
Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 7 of 2014 under sections 147, 148, 149, 302, 34, 201 of IPC, P.S. Pilkhuwa, District-Ghaziabad is seeking enlargement on bail during the trial.
The matter was reported to the police by the complainant Smt. Kusum Devi wife of Shri Ashok Saini against unknown assailants regarding the death of her son Vishal @ Adheer aged about 25 years and dead body of the deceased was recovered in between village Shamli and Partapur.
It is submitted by learned counsel for the applicant that the applicant is not named in the first information report. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Nikhil and the accused applicant is in jail for more than five years and nobody has seen the commission of crime and there is no circumstantial evidence against the present accused. Further submission is that co-accused Nikhil who was assigned the similar role and from whom allegedly a knife was recovered, was released on bail by another Bench of this Court much earlier on 09.09.2014 in Criminal Misc. Bail Application No. 29375 of 2014 (Nikhil Vs. State of U.P.). Lastly it is argued that in case applicant is released, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
After considering the rival submissions of learned counsel for the parties, considering the facts and circumstances of the case, considering that Nikhil who was assigned similar role as assigned to the present accused, has already been released on bail and also period of detention of the applicant, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Gaurav 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.
Order Date :- 18.12.2019 LBY