Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4319 of 2019 Applicant :- Indra Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Lakshman Singh, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Indra Pal seeking his enlargement on bail in Case Crime No. 204 of 2018 under Section 306 I.P.C., P.S.- Kotwali Jalaun, District- Jalaun, during the pendency of the trial.
Learned counsel for the applicant submits that the deceased- Mithun is the son-in-law of the applicant. According to the F.I.R.'s allegations, the applicant is alleged to have threatened the deceased for getting him implicated in a false criminal case on account of which, the deceased is said to have committed suicide. He submits that the prosecution story as unfolded in the F.I.R. is highly improbably. Learned counsel for the applicant in support of the bail application submits that the F.I.R. has been lodged under Section 306 I.P.C. The proof of the charge under Section 306 I.P.C. is subject to trial evidence. Upto this stage, there is no such evidence, on the basis of which, it can be said that the applicant has aided, conspired or instigated in the commission of the alleged crime. In short the submission is that the applicant is being prosecuted for an unabetted offence. The co-accused Prabha Devi has been enlarged on bail by this Court, vide order dated 2.1.2019. The case of the present applicant is similar and identical to that of the co-accused Prabha Devi, as such, the present applicant is also liable to be enlarged on bail. On the aforesaid factual premise, it is vehemently urged that the present applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is not only a named accused but also a charge-sheeted accused and therefore, the bail application of the applicant is liable to be rejected. However, no such material could be pointed out by the learned A.G.A. from the case diary, on the basis of which, it can be said that the charge levelled against the applicant under Section 306 I.P.C. appears to be probable.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Indra Pal be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following 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 date 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 I.P.C..
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 30.1.2019/HSM