Heard Sri Ankitd Agarwal, learned counsel for the applicant and learned AGA for the State and perused th record.
It has been submitted by the learned counsel for the applicant that has been named in the FIR alongwith 7 other co-accused persons. During course of investigation, it was found that four persons named in the FIR were confined to Panipat Jail. He submitted that thereafter 4 other accused persons were already granted bail in (i) Crl Misc. Bail Application No. 21758 of 2014 (ii) Crl Misc. Bail Application No. 20103 of 2014 (iii) Crl Misc. Bail Application No. 19879 of 2014 and (iv) Crl Misc. Bail Application No. 17033 of 2014. There is no cogent reason against the applicant. The applicant has no criminal history. The possession of 32 bore pistol from the applicant is false one. In fact, no such recovery was made. The applicant is in Jail since 8.1.2014.
Learned AGA opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Jagdish alias Hathi son of Ved Ram involved in Case Crime No. 13 of 2014 under Sections 147, 148, 149, 302, 307 and 120-B IPC and 7 Criminal Law Amendment Act, Police station Kotwali Nagar, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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.
Order Date :- 12.11.2014 SKS