Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55340 of 2019 Applicant :- Kashi Ram Kori Opposite Party :- State of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 112 of 2017, under Sections 302 and 120-B/34 IPC, P.S. Baragaon, District Jhansi is seeking enlargement on bail during the trial.
Report of this incident was got lodged by brother of the deceased and it was mentioned in the First Information Report that the complainant is resident of village Gangawali, P.S. Badagaon, District Jhansi and when on 27.06.2017 he went towards the fields, saw the dead body of his brother Ram Kumar son of Ratti Ahirwar and a suspicion was shown that some unknown persons had committed murder of his brother after throttling. After lodging the FIR on 27.06. 2017, the police investigated the matter and name of accused persons including the present applicant surfaced during investigation after about 40 days of the incident in the second statement of the complainant recorded on 04.08.2017.
Learned counsel for the applicant submitted that the FIR was registered against unknown persons. He further states that the present applicant has been falsely implicated in this case. Name of the applicant came into light in the second statement of the complainant recorded after 40 days of the incident. He also submits that all the accused persons except the applicant had been granted bail by other Benches of this Hon'ble Court and copies of the bail orders are annexed at page 39 and onwards and the role assigned to the present applicant is similar to the role assigned to other accused persons who have been granted bail. The learned counsel for applicant also states that the criminal history of the present accused namely Kashi Ram has been explained in para - 19 of the affidavit filed in support of the Bail Application. It is lastly argued that the applicant is in jail since 47.09.2017 and trial is not yet to be completed in near future, therefore, the applicant is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the plea of the learned counsel for the applicant that the applicant is entitled for bail on the ground of parity with other co-accused.
Considering the rival submissions made by learned counsel for the applicant as well as learned AGA, considering the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it a fit case to release the applicant on bail.
In view of the above, let the applicant- Kashi Ram Kori be released on bail in the aforesaid criminal case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her 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 :- 17.12.2019 LBY