The case has been taken through video conferencing facility.
Heard learned counsel for the applicant, Ms. Meera Tripathi, learned A.G.A. for the State and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Case Crime No.141 of 2019, under Sections 302, 34 I.P.C., Police Station Fatanpur, District Pratapgarh.
Learned counsel for the applicant submits that the applicant is not named in the FIR and his name surfaced in the confessional statement of co-accused Anil Kumar Mishra. He further submits that co-accused Shadab @ Dabbu and Anil Kumar Mishra have been granted bail by a co-ordinate Bench of this Court vide order dated 08.02.2021 passed in Bail Nos.2877 and 1719 of 2020. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 20.09.2019.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the submissions made by the learned counsel for the accused-applicant.
Considering the aforesaid facts, it would be appropriate to enlarge the applicant on bail. The bail application is, thus, allowed.
Let accused-applicantMohd. Shahbaz @ Jagga involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties to the satisfaction of the court concerned subject to 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 :- 16.4.2021 Anand Sri./-