Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50196 of 2019 Applicant :- Niraj Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Nafees Ahmad, the learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.125 of 2019, under Sections 302, 201 I.P.C. and 4/25 Arms Act, Police Station Bansdih, District- Ballia with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court bears in mind that the complicity of the applicant in the commission of the crime rests solely on a suspicion addressed by the mother of the deceased who has alluded to an altercation which had taken place between the deceased and the applicant. Apart from that and although the applicant has been in custody since 28 August 2019, neither any recovery has been made nor has the investigation brought on record any further material to establish his complicity. Learned A.G.A. has also fairly conceded that the investigation presently rests solely on the statement of the mother of the deceased. The applicant is otherwise stated to have no criminal history. It has next been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Niraj Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 26.11.2019 Vivek Kr.