Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23100 of 2019 Applicant :- Jagat Narayan Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vidya Prakasah Singh, learned counsel for the applicant and Mr. Amrit Raj Chaurasiya, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Jagat Narayan Tiwari, with a prayer to enlarge him on bail in Case Crime No. 252 of 2017, under Sections 147, 148 and 302 I.P.C., Police Station-Soraon, District-Allahabad, during the pendency of the trial.
It is submitted by the learned counsel for the applicant that the applicant is a retired employee of Indian Railway Department. The applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the present F.I.R. has been lodged against all the family members. There is general allegation and no specific role is assigned to the applicant and other accused. It is next submitted that no such incident ever took place and the prosecution story creates doubt for the reason that in the night at about 11.00 P.M. the allegation is that whole family members went at the spot and attacked the deceased by lathi, danda and bricks. It is further submitted that there are two injured witnesses namely Mantu Mishra and Golu Mishra and both the witnesses have given their statements recorded under Section 161 Cr.P.C. against the applicant, but now in the trial court, they have stated that the accused mentioned in the F.I.R. never attacked them, but they were attacked by some other persons and they can recognize the accused persons after seeing them. They also denied their statements recorded under Section 161 Cr.P.C. and they have been declared hostile. There is full likelihood of acquittal of the accused persons, therefore, the applicant is entitled for bail. It is further submitted that the co- accused, namely, Shyamji Tiwari has already been enlarged on bail by the another Bench of this Court vide order dated 11th December, 2018 passed in Criminal Misc. Bail Application No. 46791 of 2018. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 25th August, 2017. As such the applicant has undergone more than one year and nine months of incarceration.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
(Manju Rani Chauhan, J.) Order Date :- 3.6.2019 Sushil/-