Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Learned counsel for the appellant submits that the appellant is in jail since 23.6.2018. It is contended that the complainant has turned hostile. Learned counsel for the appellant further submits that even if the prosecution case is taken as it is no case under Section 302 Indian Penal Code is made out rather it goes under Section 304 Indian Penal Code. The incident took place all of sudden due to provocation. Cause of death has been shown as antemortem fire arm injury. Only one shot has been fired. The appellant has no previous criminal history. It is next submitted that the prosecution is not producing the witness and as a result of that the trial is being delayed. The order-sheet of the learned trial court is on record.
It is lastly submitted that there is no possibility of the appellant of fleeing away from judicial custody or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant.
Considering the facts that the appellant has no criminal history and he is in jail since 23.6.2018 and only one prosecution witness could be examined so far as complainant turned hostile, and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the appellant on bail.
Let the appellant, Pradeep @ Gabbar Jaiswal involved in Case Crime No.219 of 2018, under Sections 302/504/506/323/352/34 Indian Penal Code, Section 3(2)(V) S.C./S.T. Act, and Section 7 Criminal Law Amendment Act, 1932, Police Station Kunda, District Pratapgarh, be released on bail on his 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 appellant will not tamper with the evidence during the trial.
(ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The appellant 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.
(v) The appellant 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 of the Indian Penal Code.
(vi) In case, the appellant 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.
Order Date :- 2.2.2021 Madhu