Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17795 of 2019 Applicant :- Kamal Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Radhey Shyam Shukla, learned counsel for the applicant and Sri Om Prakash Mishra, 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-Kamal with a prayer to enlarge him on bail in Case Crime No. 338 of 2018, under Sections 147, 148, 149, 307, 332, 353, 186, 342, 420, 467, 468, 471, 427 and 120-B I.P.C., Section 7 of Criminal Law Amendment Act and Sections 60/63 Excise Act, Police Station-Ram Chandra Mission, Distict-Shahjahanpur, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The F.I.R. has been lodged against 34 named and 70-80 unknown persons wherein it has been stated that when the police party reached on the spot, firing was made from both sides due to which injuries has been sustained on both sides, which are serious in nature. The applicant has not been arrested on the spot nor any recovery has been made either on his pointing out or from his possession. It is next submitted that the co-accused-Deepak @ Monu Thakur has already been granted bail by the court below on 05.11.2018. The applicant being brother of co-accused-Dataram and Munesh has been falsely implicated in the present case, from them certain recovery has been made. The applicant is languishing in jail since 08.03.2019. It is further argued by the learned counsel for the applicant that the co-accused, namely, Dataram has already been enlarged on bail by this Court vide order dated 22nd April, 2019 passed in Criminal Misc. Bail Application No. 16295 of 2019. The case of the present applicant is similar and identical to that of the co-accused Dataram. As such the present applicant is liable to be enlarged on bail. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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. Learned A.G.A. further points out that the spurious liquors have been recovered from the house of the applicant.
In rejoinder, learned counsel for the applicant submits that due to falsely implicate the present applicant by the Police such recoveries have been shown from the house of the applicant, as there is no eye witness from whose statement it is established that the same was recovered from the house of 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 :- 29.4.2019 Sushil/-