Heard Sri Raghunath Prasad, learned counsel for the Applicants, the learned AGA for the State and perused the record.
Learned counsel for the Applicants has contended that the Applicants have been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the applicants. It is pointed out that the co-accused Sridevi, who has been ascribed a similar role, has been enlarged in Bail No. 8110 of 2020, Sridevi vs. State of U.P. It is contended that the Applicants have no criminal history and they are languishing in jail since 03.06.2020. The counsel contends that there is no possibility of the Applicants fleeing away from judicial custody or influencing the witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the Applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the Applicants are entitled to be released on bail in this case.
Let the Applicants, Pappu @ Aditya and Kunwar Lal, involved in Case Crime No. 286 of 2020, under Sections 302,201,34 IPC, Police Station Shahabad, District Hardoi be released on bail on THEIR furnishing a personal bonds 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 would 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 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 of the Indian Penal Code.
(iii) In case, the Applicants misuses the liberty of bail during trial and in order to secure them presence proclamation under Section 82 CrPC is issued and the 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 of the Indian Penal Code.
(iv) The Applicants 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 CrPC. If in the opinion of the trial court absence of the Applicants 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 them in accordance with law.
Order Date :- 11.2.2021 Rahul.