Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31597 of 2018 Applicant :- Mohammed Shoeb Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased was ambushed by four accused persons including the applicant, resultantly, the deceased succumbed to injuries; role of indiscriminate firing has been assigned to all the accused persons; during investigation name of the applicant was dropped as there was contradiction in the eye-witness account; applicant has been summoned to face trial along with other co-accused persons on an application moved under Section 319 Cr.P.C., it is urged that all the charge-sheeted accused have been enlarged on bail; the eye-witness account does not support the case of the informant; applicant having no other reported criminal antecedent is languishing in jail since 16.7.2018.
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-Mohammed Shoeb involved in Case Crime No. 350 of 2016, under Sections 302, 307, 504, 506 I.P.C., Police Station Haldaur, District Bijnor 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 :- 23.8.2018 S.Prakash