Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42010 of 2018 Applicant :- Manu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Prasad Yadav,Shamsher Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,V K Singh,Vivek Kumar Singh
Hon'ble Pritinker Diwaker,J.
Heard Sri Shamsher Singh, learned counsel for the applicant, Sri Amit Sinha, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during trial in connection with Crime No.262 of 2018 under Section 302 of IPC, Police Station Binauli, District Baghpat.
Learned counsel for the applicant submits that in the night intervening 12/13.6.2018, one miscreant entered the house of the applicant, carrying a country made pistol with him, he was apprehended and was subjected to beating by the applicant and other villagers, resulting his unfortunate death. He submits that the miscreant was beaten, as he made an attempt to assault the applicant and his family members by causing fire arm injury. He submits that from the spot, one fire arm along with empty cartridge has been seized. He further submits that the applicant himself lodged a report on 13.6.2018, but unfortunately, he has been made an accused.
On the other hand, learned State Counsel opposes the application for bail.
Considering the nature of evidence collected by the prosecution and the fact that the applicant himself lodged a report, without further commenting on merit, I am inclined to release the applicant on bail.
Let applicant Manu be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the date 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under section 229-a I.P.C.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under section 174-a I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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/her in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 29.5.2019 RKK/-