Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6903 of 2019 Applicant :- Harun Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the accused-applicant- Harun, who is involved in Case Crime No. 316 of 2016, under Sections 307, 302 I.P.C., Police Station- Quarsi, District- Aligarh.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. Deceased was attacked by knife, the role of co- accused Ateek has been shown to attack on deceased by knife and the role of co-accused Sarfraj has been shown as catching hold to deceased. The same version has been stated by complainant in his statement under Section 161 Cr.P.C. There is no injury of fire-arm either on the body of deceased or complainant. The recovery of knife has wrongly been shown on the pointing out of applicant also, it is from open place also. Co-accused Neelam, who has been granted bail by the co- ordinate Bench of this Court. The applicant is in jail since 27.05.2016. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above factual contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant (Harun) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions:-
(i) Applicant shall attend the court in accordance with the conditions of the bond executed.
(ii) Applicant will not indulge in any criminal activity.
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv). The applicant shall cooperate with investigation /trial.
(v). 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.
(vi). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vii). In case, the applicant misuse the liberty of bail during trial 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.
(viii). The applicant shall remain present, 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 :- 29.11.2019 Israr