Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10654 of 2016 Applicant :- Pawan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Dubey,Surendra Singh Counsel for Opposite Party :- G.A.,Adarsh Bhushan
Hon'ble Rahul Chaturvedi,J.
Vakalatnama filed on behalf of the complainant by Sri Adarsh Bhushan, Advocate today, is taken on record.
Heard Sri Govind Saran Hajela, learned counsel for the applicant, Sri Adarsh Bhushan, learned counsel for the complainant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that though the applicant is one of the four named persons but as per the text of the FIR, the prime accused is Veero alias Veerendra, who pumped the fire shots upon the deceased, after dragging him from the tempo. The post mortem examination report reveals that the deceased sustained as many as three sets of firearm injuries on the vital parts of his person. It is next submitted that there is an averment in the text of the FIR that the informant remained unscratched though indiscriminate firing was being made by the assailants and the same version has been reiterated by the informant in his statement recorded under section 161 Cr.P.C. There is a recovery of 32 bore pistol from the pointing out of co-accused Veero alias Veerendra on 28.10.2015. The applicant has no criminal antecedent to his credit. Further casual argument on the plea of alibi was made but this Court is not impressed on this plea. It has lastly been urged that the applicant is in jail since 16.03.2016.
Learned AGA as well learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant and they also conceded the fact that the case of the present applicant is clearly distinguishable from the case of the co-accused Veero alias Veerendra.
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 applicant has made out a case for bail.
Let the applicant Pawan Singh, involved in Case Crime No. 737 of 2015, under sections 302, 307 IPC, P.S. Tajganj, District Agra 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 APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE 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 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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT 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 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.
(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 APPLICANT.
It is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same by 31.12.2018 in accordance with law, without granting any unnecessary adjournment to either of the parties, provides the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 29.3.2018 shailesh