Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11413 of 2019 Applicant :- Pramod Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra,Imran Mabood Khan,Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the applicant has filed rejoinder affidavit and learned A.G.A. for the State has filed counter affidavit, are taken on record.
The instant bail application has been filed for bail of applicant- Pramod involved in Case Crime No. 01 of 2019, under Section 364, 302, 201 and 120-B I.P.C., P.S. Ahmadgarh, District Bulandshahar.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Applicant is not named in the first information report. In the first information report, Rajeev Kumar @ Raju, Sachin and Omveer were named by the informant Padam Singh Rawat whereas on the information of informer, name of applicant along with two other accused were surfaced by the police with the effect that the deceased was lastly seen with company of the applicant and two others on 23.12.2018. Learned counsel further submits that neither anything has been recovered from the possession of the applicant nor the dead body was recovered on the pointing out of the accused. Learned counsel further submits that as per the prosecution case, dead body of the deceased (Ram Khiladi) was recovered on the pointing out of Vinod (real brother of the deceased) and Jai Singh. Learned counsel further submits that the post-mortem report of the deceased was conducted on 4.1.2019, wherein, duration of death of deceased has been shown as 1-1/4 days prior. Applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 6.1.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not disputed the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case, 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.
Let the applicant-Pramod involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) 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 witness.
(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 and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
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 :- 18.12.2019 Saurabh