Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8414 of 2018 Applicant :- Palae And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by the applicants today, is taken on record.
Heard Sri Vishal Agarwal, learned counsel for the applicants, learned AGA and perused the record.
Contention raised at the Bar that the applicants have been falsely implicated in the present case. It has been further submitted that the incident is dated 27.07.2017 and on the very next day FIR of the same was lodged against unknown persons. Complicity of the present applicants figured up in the statement of Manoj Kumar Sharma, SHO, P.S. Sikandararau, District Varanasi on 14.12.2017 i.e., almost five months of the incident in which in a police encounter the applicants were arrested along with country made firearm. The applicants are alleged to be identified by Constable 174 Manoj Kumar of P.S. Sikandararau, District Varanasi in a most shabby way. No other incriminating article was recovered from the possession or on the pointing out of the applicant after the instant incident indicating his involvement in the aforesaid offence. The applicants are in jail since 26.07.2017, without any criminal antecedent to their credit.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 applicants have made out a case for bail.
Let the applicants Palae and Babli, involved in Case Crime No.470 f 2017, under sections 460 and 411 IPC, P.S. Sikandraraoo, District Hathras be released on bail on 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 APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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 THEM IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court.
Order Date :- 27.3.2018 shailesh