Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47935 of 2017 Applicant :- Indradeo @ Indra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Shri Mata Achal Mishra, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 183 of 2005, under Sections 323, 324, 307, 336, 452, 506 I.P.C, Police Station - Quarsi, District - Aligarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 28.11.2013. It is further submitted on behalf of applicant that he is not named in the first information report, his name came to light for the first time in the confessional statement of co-accused Raju Pandit, applicant has been granted bail and was facing trial. Thereafter, applicant was told by his counsel that he has been acquitted and believing the same applicant went to Delhi to earn livelihood and in pursuance of non bailable warrant issued against him he has been arrested by the Police and now is in jail, the default caused in not appearing before the court below is not deliberate but due to misleading of applicant by his counsel, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant on the ground that applicant after obtaining bail from the court absconded from law but has fairly conceded that he is not named in the FIR and his name came to light in the statement of co-accused Raju Pandit.
Considering the rival submissions of learned counsel for parties, material available on record, ground that applicant is not named in the FIR and he has no previous criminal history as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Indradeo @ Indra be released on bail in Case Crime No. 183 of 2005, under Sections 323, 324, 307, 336, 452, 506 I.P.C, Police Station - Quarsi, District - Aligarh, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) During pendency of the aforesaid case, the applicant shall appear on 30th day of each month before the Police Station concerned to get his attendance registered.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
A copy of this order shall be provided to the learned A.G.A. for information and necessary compliance.
Order Date :- 30.3.2018 A. Verma