Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24793 of 2018 Applicant :- Kudratullah Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.,Kameshwar Singh
Hon'ble Vivek Kumar Singh,J.
Heard Sri Zafar Abbas, learned counsel for the applicant, Shri Kameshwar Singh, learned counsel for the complainant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that in the F.I.R. general allegation for assaulting the victim with lathi, danda has been made against seven persons including applicant. No specific role has been assigned to the applicant. He next submitted that the main accused Munib against whom the role of firing was assigned, has already been enlarged on bail by another Bench of this Court vide order dated 29.06.2018 passed in Criminal Misc. Bail Application No.24210 of 2018. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant is in jail since 05.06.2018.
Learned A.G.A. opposed the prayer for bail but he could not dispute the above mentioned submission advanced by the counsel for the applicant.
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 Kudratullah involved in Case Crime No.799 of 2013, S.T. No.115 of 2015, under Sections 307,325,323, 504, 506 I.P.C., Police Station Maudaha, District Hameerpur be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following condition:-
(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 :- 21.8.2018 SFH