Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32546 of 2018 Applicant :- Hansraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Sri Kamal Krishna, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 108 of 2018, under Sections 302, 323, 506 I.P.C., P.S. Bara, District Allahabad.
As per prosecution, the deceased was subjected to assault by three unknown persons, resultantly, he succumbed to his injury; injured witness Sandeep Kumar Yadav, in his statement under S. 161 Cr.P.C., does not name the applicant or any other person; other witnesses are merely last seen witnesses; only suspicion has been raised against the applicant; motive attached is that the applicant had earlier murdered the father of the deceased; no recovery has been made from the possession of the applicant; criminal history has been duly explained; applicant is languishing in jail since 3.5.2018, and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Hansraj be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 27.8.2018 Mukesh Kr.