Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34503 of 2018 Applicant :- Pushpendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Kumar Kuntal,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Prem Shankar Kushwaha
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri Prem Shankar Kushwaha, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased while going to railway station on foot at bout 6:00 am was hit by a vehicle alleged to have been driven by the applicant; the alleged vehicle belongs to the father of co-accused Shailendra Singh; the deceased succumbed to injuries; motive behind the murder is that the applicant was having illicit relationship with the wife (Munesh) of the deceased.
Learned counsel for the applicant submits that there is no eye- witness account; the last seen evidence is of Satyaveer and Rajendra, who merely, state that the vehicle was standing and they saw the applicant running out of the vehicle; it is further urged that it is a case of accident; the incident is of 6:00 am, FIR was lodged belatedly after 5-3/4 hours; the theory of illicit relationship is only an afterthought; there is no evidence or call details to link the applicant with the wife of the deceased; applicant having no other reported criminal antecedent is languishing in jail since 14.2.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Pushpendra Singh involved in Case Crime No. 27 of 2018, under Sections 302, 201, 120B I.P.C., Police Station Magorra, District Mathura be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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.
(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 of the Indian Penal Code.
(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. 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.
(iv) 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. 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 :- 18.9.2018 S.Prakash