Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38714 of 2018 Applicant :- Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Santosh Kumar Tiwari
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State, Sri Santosh Kumar Tiwari, learned counsel for the informant and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that in the F.I.R. dated 25.06.2015 no role of firing at the deceased has been assigned to the applicant. The role of firing at the deceased has been attributed to co-accused Irfan. There is no independent witness of the occurrence. No one has seen the occurrence of firing at the deceased. For the first time, the allegation was made against the applicant in the statement of the informant dated 12.11.2016 that he had fired upon the informant but there is no injury report. There is no criminal history of the applicant. He is languishing in jail since 7.5.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the informant has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Nasir involved in Case Crime No.236 of 2015, under Section 302/34 I.P.C., Police Station Mundapandey, District Moradabad, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(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 :- 26.10.2018 Rmk.