Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21004 of 2019 Applicant :- Nand Kishore Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh,Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant has contended that he has been falsely implicated in this case and it is also contended that he is the real son of the deceased. The alleged incident is said to have been taken place on 3.9.2018 at about 11 p.m. and the First Information Report was lodged on 4.9.2018 at about 01.00 p.m. Father of the applicant was died due to heart attack. The first informant namely Pradhan has not eye-witness but due to personal vengeance he lodged false F.I.R. against the applicant. He further contended that there is no eye-witness on account of this case. There is no any previous criminal history against the applicant and he is languishing in jail since 8.10.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nand Kishore involved in Case Crime No. 194 of 2018 under Section 302, 201 IPC at Police Station - Pachokhra, District - Firozabad, 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;
(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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 Sachin