Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48056 of 2018 Applicant :- Pawan Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Pawan s/o Sri Shivraj Singh, R/o Village Saidpur Jaskauli, P.S. Asmoli, District Sambhal for bail in Case Crime No. 13/2018 under Sections 147, 148, 149, 302, 120-B/34 I.P.C. P.S. Asmoli, Distt.- Sambhal.
Learned counsel for the applicant has filed photocopy of bail order passed in Criminal Misc. Bail Application No. 39356 of 2018 and case status of Criminal Misc. Bail Application No. 44508 of 2018 and Criminal Misc. Bail Application No. 44475 of 2018. The same are taken on record.
Heard Sri Amit Misra, learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case. He is not named in the first information report. First informant has also not named the applicant in his statement under Section 161 CrPC. His name came into light for the first time in the statement of Salik Singh, Fufa of the informant. Salik Singh is neither resident of applicant's village nor known to the applicant. He has no criminal history except a case of attempt to murder which has also been lodged by Police concerned after this incident.
It has further been contended by the learned counsel for the applicant that co-accused Pink Sharma, Gaurav Sharma and Pankaj, having similar role, have been granted bail by co-ordinate Bench of this Court. The applicant is in jail since 17.1.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Pawan, involved in Case Crime No. 13/2018 under Sections 147, 148, 149, 302, 120-B/34 I.P.C. P.S. Asmoli, Distt.- Sambhal , be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(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, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
(v) 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 :- 18.12.2018/Vandana