Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34776 of 2018 Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Shri J.P. Singh Advocate, has filed his vakalatnama on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 780 of 2011, under Sections 147, 302, 307, 427, 120B, 34 I.P.C., P.S. Kotwali City, District Mizaffar Nagar.
As per prosecution case, a speedy truck ramped into the vehicle killing four persons; applicant was not named in the F.I.R.; name of the applicant surfaced in the statement of Vikas and Kailash; applicant is said to be son of co-accused Upendra, driver of the truck; witnesses have assigned the role of conspiracy to the applicant along with other co- accused.
It is urged by learned counsel for the applicant that applicant, at the time of incident, was aged bout 23 years; applicant has been falsely implicated being son of the truck driver; witnesses do not assign any role of conspiracy but merely state that applicant was present along with other co-accused; presence is also disputed in view of the information under R.T.I. Act furnished by the Jailor; out of 63 witnesses, only nine witnesses have been examined till date; applicant is languishing in jail since 6.8.2011, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Mohit be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 14.9.2018 Mukesh Kr.