Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4972 of 2018 Applicant :- Khinni Lal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Pandey, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants are real brothers. Their mother went missing on 5.7.2017 for which they lodged a missing report on 6.7.2017 at the concerned police station subsequently an unknown dead body was recovered in a decomposed position which was not identifiable. The said dead body was not of the mother of the applicants as the same of a person aged about 25 years whereas the mother of the applicants was of 65 years. The applicants have been falsely implicated in the present case showing false recovery of Chapar from the bush which is an open place. There is no motive of the applicants to commit the murder of their mother. There is no cogent evidence against them to connect with the present crime. The applicants have no other criminal history. The applicants are in jail since 15.7.2017.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and 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 applicants are entitled to be released on bail in this case.
Let the applicants Khinni Lal and Muneem involved in Case Crime No.203 of 2017 under Sections 302, 201 IPC Police Station Industrial Area, District Allahabad be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them in accordance with law.
Order Date :- 22.2.2018 Shiraz