Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49304 of 2018 Applicant :- Mahesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
This is the second bail application.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
First bail application of the applicant was rejected on 30 August 2018. It is urged that all the other co-accused have been enlarged on bail; during trial witnesses of fact P.W.-1 and P.W.- 2 were examined and it has been categorically stated that they had not seen anybody causing injury to the deceased; the applicant having no other reported criminal antecedent is languishing in jail since 19.2.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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-Mahesh involved in Case Crime No. 427 of 2017, under Sections 302, 34 I.P.C., Police Station Kuraoli, District Mainpuri be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(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 :- 28.2.2019 S.Prakash