Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55718 of 2019 Applicant :- Lalloo And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Santosh Kumar Gupta, learned counsel for the applicants, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 332 of 2019, under Sections 302 & 201 of I.P.C., Police Station Bilari, District- Moradabad with prayer to enlarge them on bail.
The First Information Report of this incident was got registered on 28.07.2019 by complainant on the allegation that on 27.07.2019 at about 4:00 P.M. his younger brother Shishupal aged about 40 years has went from home to Kharsoal Gharolo for taking goods along with Lalu son of Harpal, Lala son of Ram Bharosey and Ballu Yadav son of Sher Singh Yadav. Ranveer Singh son of Mulayam Singh witnessed the brother of complainant and above named persons taking liquor at Kharsoal. Complainant's brother did not return to home, then, with his family members the complainant searched out his brother up to Kharsoal, but all in vain. Today, in morning of 28.07.2019 at 7:00 A.M. the dead body of his brother was found in the field of Ran Veer Singh. It is further stated in the First Information Report that the murder of complainant's brother was done by above named three persons by the nook of his shirt tying around the neck of the deceased.
Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case only on the basis of last seen evidence and prima facie, the last seen evidence cannot be held to be sufficient evidence to implicate the applicants. It is further submitted that co-accused Babloo Yadav who was assigned the similar role as has been assigned to the present accused applicants, has already been granted bail by another bench of this Court in Criminal Misc. Bail Application No. 52144 of 2019 by order dated 26.11.2019 and on the ground parity the applicants also deserve to bail, a copy of bail order of co-accused has been appended to the Bail Application at pages No. 71 and 72. Lastly, it has been argued that applicant - Lalloo is in jail since 16.08.2019 and applicant Lala, since 14.08.2019. In case they are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but he does not dispute the factum of bail parity of the applicants with the co-accused Babloo Yadav.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants - Lalloo and Lala involved in the aforesaid crime be released on bail on furnishing by each of them a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail 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 may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 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 them in accordance with law.
Order Date :- 17.12.2019 LBY