Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30315 of 2018 Applicant :- Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.,Sanjive Kumar Gupta,Sanjeev Kumar Gupta
Hon'ble Rajeev Misra,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Mr. Brajesh Kumar Solanki, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Pratap Singh, seeking his enlargement on bail in Case Crime No. 243 of 2018 under Sections 306, 201 IPC, P.S. Sahaswan, District Budaun during the pendency of the trial.
From the record, it appears that an F.I.R. dated 30.5.2018 was lodged by the first informant namely Chhote Lal which came to be registered as Case Crime No. 243 of 2018, under Sections 394, 302, 201 IPC. In the aforesaid F.I.R., four persons namely, Pratap, Chalan, Smt. Samkalla and Ramgopal were nominated as the accused persons. According to the allegations made in the first information report, it was alleged that the named accused persons have murdered the son-in-law on account of partition of the ancestor's property. However, upon completion of the statutory investigation of the aforesaid case crime number, the Police submitted a charge-sheet under section 306 IPC only against two of the named accused persons namely Chalan Singh @ Chalak Singh and the present applicant. The co-accused Chalan Singh @ Chalak Singh has already been enlarged on bail by this Court vide order dated 9.8.2018. Learned counsel for the applicant submits that the case of the present applicant is identical and similar to that of the co-accused Chalan Singh @ Chalak Singh. He, therefore, submits that present applicant is also liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions advanced by the learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail.
Let the applicant Pratap Singh, be released on bail in the aforesaid case crime number 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER 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.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.10.2018 Arshad