Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is second bail application. The first bail application of the applicant was rejected by this Court on 08.05.2019.
It is submitted on behalf of the applicant that the applicant is seventy years of age and he is languishing in jail since 07.04.2017. It is further submitted that as per the counter affidavit filed by the State the applicant has been assigned the role of exhortation not of firing. He further invited the attention of the Court towards para 14 of the counter affidavit which clearly states that nothing incriminating has been recovered from the possession of the applicant. Learned counsel for the applicant has categorically mentioned in para 25 of the counter affidavit filed in support of the bail application that he has no criminal history.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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.
From the perusal of the status report, it appears that out of 21 prosecution witnesses only one witness could be examined so far and the trial is held up due to Covid-19.
Considering the fact that the applicant is seventy years of age and the trial is held up due to covid-19 and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Munney Khan, involved in Case Crime/F.I.R. No. 188/2017, under Sections 302/34 IPC, Police Station - Mohammadi, District - Kheri, be released on bail on his furnishing a personal bond 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 19.1.2021 R.C.