Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41348 of 2018 Applicant :- Mahaveer And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicants, Mahaveer and Vikas, who are involved in Case Crime No. 452 of 2018, under Section 304 I.P.C. P.S.- Sadar Bazar, District- Saharanpur.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that the version of the FIR and statement of the complainant and witnesses are contradictory in nature as well as postmortem report has also not supported the prosecution case as in the FIR it has been stated that all the three accused were beating the deceased by fists and in the postmortem report single blow of lacerated wound on the head has been detected and same is not possible to cause by fists. He further submitted that nothing has been recovered either possession or pointing out from the applicants. Learned counsel submits that the applicants have implicated in the present case due to partibandi regarding election of Nagar Nigam as both were supporting different candidates. Learned counsel submits that there is no motive to kill the deceased. Learned counsel lastly submits that there is no early prospect of conclusion of trial, as such, the applicant, who is in jail since 08.08.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants by submitting that applicants have caused serious head injury by danda and due to that he died and the witnesses of the case fully supported the version of the FIR.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicants, Mahaveer and Vikas, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of 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, if 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 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 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 their bail and proceed against them in accordance with law.
Order Date :- 31.10.2018 Shekhar [Chandra Dhari Singh, J.]